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1016 DALEY ST (3).pdfS 7 �Y.i+a.1...... '3} .. ... Yrw..a,.0 x.: s"� .ne..{.x..e .s.......,....,JJ r....r... .... mr_...... ............ I - �,.{. EXHIBIT 2 FILE# �' > DATE CITY OF EDMONDS FEE t-- HEARING EXAMINER RECT # r.,r APPLICATION FOR VARIANCE APO'S HEARING DATE )i APPLICANT %ram J�eci A'_' ADDRESS_ CITY & ZIP PHONE_ INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY_ OCCl//elc LOCATION OR ADDRESS OF PROPERTY i LEGAL DESCRIPTION OF PROPERTY !3Cl��G �3——�'c�� `f"--ll /�=-•�</u G VARIANCE REQUESTED : U /. cSli' CC C%�C�� dLh.a I (J /ill `L5r-PC,22a/CGi� Ill �t /'% LL1 �e nt,r_`ole&_ Ijn Q r7 �L /1 I l J 1 Cf' !l�(CL _ %llf :i �1 PE1'? C�GI.f�'•C7 Gc%<�1G1 2�. " FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: 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. Signature o Applicant, Representative er or k DECLARATION'S 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? /fez, je,"t A-e'c-f- 6a'Ile e hv"I(L- -T-77-7 1— rev' 4Llrzle2l"-,A -Y in the same How does yo, 0 pr -erty differ, -from other property 2 *. �Px: 9 rl C' vicinity? 3. 4. 5. V- X, damaging to Will this variance IYe detrimental -t o the public or' other property or improvements in the vicinity? Ae�) kN What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? el Ile AF�Klcl V Can y- -1�1 e reVasonable use of your property without the varianc e OIL --e ZZ& e� I'Oref ze ��� Gti�2 � ��'X to 'ca�e��� • ��e �� C ��U���f`�t"' �`w 6r�rr� /oa7 �.�uc , � -rr.� � �..�►o .�� ��.��.� G�a.�-'�i.�G'.=��a�.tccs� �5Z� � �EytGpIGG,Q �G � ����y� � /yta_.r-G'c CGt-�-.2 �� ,��1�� 5�� �r • v �� ��t�-�G �GU � � -- .�,� cam, • ��t�G a �.�c �.��� . ���'� , c�lL�yt.% �c�.a•.� ; /fir -.ter- Gl�c�lz�� .ire .r�c��G`�, �-��r ���� /�.ee 445 vf*�- /,s�(�,+`YaGG`r� Lk G `JZ-�ri rct�jJ�.L�dG eG .,li`Gtli✓C'G 4'i 4 V•G�Gt° /lT .�G�sJae -pL I P/aic lomsetalete- 1,P07 SAP 11497 4t 0 EXHIBIT 4 J3�o��r r yl l•. C. (fcnTc�) YI YLI% OSs ! n Z J ;' T CemenT is �l .. CC p ( TC'� 5 4-0iC fe f.�'"x•IS 1' i� �.. ^(fG n'•Cc`' Gr l.p hC/CTC LjY. u y a lr„1 C0tNClaim {sb vha cr, I �BnCC �1 1 r"c�l n C� �1` r� -k - 1 6 �� )v � �•rl I D_ J n\ l� L Il Zoo I� Q Ly� �i"4• r UC4 Soil G✓ CCU I re" i C. :.?!c I InT L//. �f lov �" (ircnJc. j ���5<I�J i psr 7'0 %camCvnnc,,_ f� G4 1 I 1 •� G\ O ('� 21 Gti � -r sloe l%R1;•1rt� i 1 i Tv nc 7 vfYt fl eA J Ja. f� I IV A'(Vfh 1 1 { -• ,.., j � n Cc' I � r' c r -!'1, a 11 (, r�X �, I � w t �� GI 1 IY'1Gt 1.4'J %a ;a 1�� r•, { G r+ {7 ��p I VC? {� :J t-11,t7l. c YU, y'If 1 i1t✓ ��/�v ��i �/SEE/ j ��/r`��"' � L•C�G/.T/2G.���%«JL' c YU, y'If 1 i1t✓ ��/�v ��i �/SEE/ j ��/r`��"' � L•C�G/.T/2G.���%«JL' /PosS �76ia8 y of Og gvo177•4 1,174 it Aa * C. a�scOLiou S /Jv ��-c ear/ -' .t�O -e M 4 5 a 44 UJQ I/ ctJGl�!%?�6YLlt-bpi' r-1'LlirZ'G-IPL[..cG�y�G-�- awd 00�,V. a i oa �e sf. ,, ova �Q23 j7e i o J/ l00 ioe3 mar . tL�.Y�.w"�.:L,...O�S4�Wnc�ls,�i.LcaF:ft+.. ,.:u.`J:.Y.wa.,:L:.:u.b:.e....Y..l:.w3„c`..G_.:...•=�.:J..Wa_....,�u�...�H.. ,................._... . _.__... _ _..__._ .. ._. _. _.. _:...__ .. __..__...._...: _:.. _. ,,._,_......: .... ...4..... ... ... _._ ....._ ,, pp N V lz'1019 Sprague Street CITY_ OF EDMONDS Edmonds, Washington Nov. 7, 1986 Dear Ms. Francis, This is in response to your telephone conversation with my wife on October 29 about Mrs. Ross' variance application. I would like to know how the City of Edmonds can legally have a hearing on something that is built on someone else's property. After having her property surveyed, Mrs. Ross built a fence and deck, illegally and without a building permit, over the property line. After my original complaint in August, the city asked Mrs. Ross to remove it. Several years ago Mrs. Ross constructed a garage on her front property line, evidently without a building permit or variance. This suggests a disregard for neighbors and laws that are made for all of us Please let us know about this and when the hearing will be held. We have not seen any posted notices. Sincerely, Alvin D. Millis n t 'l T.7 EXHIBIT 7 I � 1\G11 " 1986 1)-(� (W CITY OF E/DMONDS For_ �LCe Ve-4o, x-GLe-r"Y-4�, C�� tti z� Gt-c �C L•�' �C cc'`'�J OV d-. �' C FOB BOSS L OT.S S" 0 6 - &O,� X SY3 C irr I of AMIM:700VZ2S 2`/s, r&W.P7N', Rill. 3 E, W,M. Fit-* wwwwowo� 1 qn 0 e4) I iIt L, 4 r�,ERA o, OR o.V.,r N�p� a,41S i �u.uc� - ' , YRINU & ASSOC., IN.C., 23423 Highway 99 Edmoada, WA 980?0 P *OA Bs 32 iLYnnwood, ,W A► 98036 J015 A/OL .9ro -053 .4=a /Orss Irrp �z SCRLE'/�'-30e ,4 DiS SW6, A//a �� I �°,«?T' o.�' C/✓"Y Gam' � I — FND-sl1RFi9Cs�'td1�%.' 1; Be y1 400#60066 4F%f� i oNA� L rN :��ta _A 1 11 t November 17,1986 Ylanninm Department 250 Fifth Avenue North, Edmonds, Washington 93020 6%. Ito MOMMOMMOMP Re: File No. V-34-86 Variance to Reduce Required 151 Rear Setback to 0' For Deck Gentlemen: :4ith reference to the issue noted above, I am at a loss to see how it can in an-,r :•ra,,r block an individuals view or detract from the surround .n property. With the f ether clearing off of the bark .•ri th the removal of the Creeds and "horses tails" it can only add to trio appearance. Peel t•re jn our irm-aediate neighborhood take a great deal of pride in ol.a-r laiwhich hich helps to attract to the City of 2dmonds. Sincerely, (Mrs. R.T.) 41awrty Jane Conran (1010 Daley- Street) r.0.Do1, 1 'Emonds, WA. 98.020 a 1004 Daley Street, Edmonds, Wa., Nov. 20, 1986 Hearing Examiner, City of Edmonds. Dear Sir: This letter is in response to a notice received re your File#V-34-86. We own, #nd reside onJ the corner lot two doors west of the property at 1016 Daley St. Would you kindly consider the following points in your deliberations? Y. The fence and attached platform are plainly vivible from.our front door. 2. Over the years Mrs. Ross has made her back yard into one of the finest beauty spots in Edmonds, but the hill at the back remained an eyesore. It is too steep to mow and is really dangerous to work on. 3. This year Mrs. Ross decided to deal with the problem by building a fence and attaching sr,platformior a level base of operations for making an Asian garden of the hillrside, and so complete a beautiful back yard. 4. To do this she needed to stabilize the hill. She did this by means of cement cores and the platform which they support. 5. The structure is not a"deck/in the meaning of the development Code. It is merely a platform to assist in th development of the Asian garden. 6. If this is torn out it will destabilize the hill and make a real mess. 7, We regard this development as as an impromement in every way. We have checked with the neighbors who can see the hillside from their properly. They all agree with us that it is an improvement. 8. We believe that the neighbors to the south have no legitimate complaint- TheY cannot see the`'decle from their property because of the fence. 9. Mrs, Ross is a very considerate and helpful neighbor. We cannot understand why anyone would object to this improvement on her property or the improvement to the view from 1004 Daley St. , 1010 Daley St. , and 1026 Daley St. We thank you for giving this your impartial consideration. Sincerely yours, 0 0 W. :, 11-19-86 Set ION To: The Hearing Examiner From: Nevin Hasham and Dean Farnham, Jr. 1009 Daley Street, Edmonds Re: Variance #34-1986, Marion Ross We live across Daley Street from Marion Ross's home. This is our written opinion regarding Marion's deck. The deck is a well built and an aesthetically pleasing structure. It is not visible from the properties on Sprague Street and is only slightly visible from Daley Street. The deck enhances Marion's view and appreciation of her property without hindering her neighbors or having an adverse effect on the surrounding properties. I, Dean Farnham, am employed as a real estate appraiser for the King County Department of Assessment. I have run into situations where because it would cause undue and unnecessary hardship on the property -owner, the structure,in violation of a building code, has not been condemned. In view of the fact that it was an innocent mistake and that the deck is not a significant structure, we request that her variance be granted. We feel that in this case, enforcing a general rule would place an unduly harsh burden on Marion Ross. Marion is a concerned, caring and responsible citizen, who is always looking out for the welfare of the neighborhood. Respectfully yours, 0 i mall llf. /1 r :0% / ' Y G.. 7l' d, J� � (if ld ,P lot ' / / _/li'L'•"i n'._!' 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"l.�C/ %%ZCt�fCesZ�' F� u i-;GI .�Cc<<� -G/t G �G <<<'��J r% %rG <� <�� Cam- -<�Ge N✓ .C�4� L%v �GLG1-Gc`' �-G�G" /� C-G /LG'-C`,�Glr-<Z-L"fL ./�G•<G Z- d/ _ C�ri> ��.1��-�.G�<�y • %Ci'��r-«<�., .cam �'ti��,�� n lce4ce.c. . cy. e G:'e; L" JCS C C- / " i Cl/J Gu�LZ �GLGr� .�LLCLGC�" I�GG"i�7 �t`GGLCGG ��'c�d�2i y ��'CCfGli'� %l ' off•-t%�-S a E r. 1 N7 ft Tex Salmon's Chevron Service Cenfer Your Neighborhood Chevron Dealer 355 N. W. 85th St., Seattle, WA 98117 Telephone 789-1661 SEPTEMBER 23, 1986 DEAR MRS. ROSS, WE HAVE INSPECTED THE FENCE RECENTLY BUILT BETWEEN OUR TWO PROPERTIES, LOCATED AT 1016 DALEY AND 1007 SPRAGUE, AS YOU REQUESTED. THE CORNER POST H S ENQVRR THR ggygy iINF,, USING THE MARKER LEFT BY Y UR SURVEY OF THE PROPER 1—ES- PINION, _AMARK OF PMR .7i1nGF�tF.NT ON THE PARTOF THE- CONTRACTOR. IT IS USUAL, IN THE CONSTRUCTION OF FENCING, TO PLACE THE CORNER POST AND THE FENCE WITHIN THE PROPERTY LINE, NOT IN THE MANNER WE OBSERVED. 14E COOPERATED WITH YOUR REQUEST TO CLEAN UP THE AREA SO THAT A FENCE COULD BE CONSTRUCTED. NO MENTION WAS MADE TO US OF A DECK THAT IdAS A PART OF THE CONSTRUCTION. AT THIS TIME THE LOCATION OF THE FENCE DOES NOT PRESENT A PROBLEM. WE WILL RESERVE THE RIGHT TO REQUEST THE RELOCATION TO ITS LEGAL BOUNDARY, IF AND WHEN OUR REMODELING OF THE PROPERTY REQUIRES THIS ACTION. SINCERELY, G. D. "TEX" SALMON cc: CITY OF EDMONDS PLANNING DIVISION W�o Chevron 40, 0 Al r�.r it�_....�__.�.0 row t .�,�._. .. .. ... ...... ..... ,_.. ,.. .. or .••'.+ t ��, rflt , R r �� R�LG �l • E'Di �Vr� ( {/it It1; rlh ,lt,t ..'./ '.o�. E��®� �. [ r 1 e yl t �Y5 S,ir'� ri I i.4. Ir%�r .ry.'S1 ,Y rr. , ( �� �y ` . `I I. •'SMrh lr / i Ykl }' n {i17 ' r. or. IN4} ✓/ �� �� �' P w OFFICE CORRESPONDENCE :41,Bobby MroI's - INTER- kI,t pwt rIIr o or kke ILo r. I. or t, rIr I. II �'t?`Gary: McComas -Fire M. CITY' OF `EDMOND ,Dan Smith/JerryHauth - Engineering Bruce Finke " 'r 11/4/86'' FROM DATE :To ;; `SUBJECT " TWO ,LOT SHORT` SUBDIVISION' AT 6925-176TH .ST S W (RS'-8) "' S-34-86 0 r.ir '..Irv' ' 1' I v v t ` .,r,. "� HEARING DATE: NOVEMBER 26,1986 0' tit oL o. `it rot r rful, r,i , , , , , PLEASE .RESPOND WITH YOUR COMMENTS NO LATER `THAN `NOVEMBER 14, 19.86 . tars„<.NI , r}'t 'a1�te� t 4 44 THANKS yt,ii{ i�r Ir rJ i 0 .r ,ram e t/JJ4ii iit 5_If . Y ,. r , 1 f'lrgfalJ��I`rva r,. rlY ,,' ,•. 'It rt 0 hY. �. r t I .9 �fef-�, AZ4 !e ;, 2 CE1l1ED�: t 0 tnlF' (� y '. , 17 r r / '^': `{ \ i rf / i 'i i ;'!• .. 1 r '' ,.M` ..cl....M .71i1t47 rYILr:U.aJa:.:+,w•� •. v^.'.. ' 1 • 1 ✓. 'i.. ••�: a•• i. ;.• ••i:� �.. r v; • .. ..... . �.�. +. . • t .. •`. Jl ' oY. \..� � �'i+.��t4.eip ut i tw, A... .,. ;, ".,'.•.., , r. _. '.......... ..... .. ..... .._.,.. : .. ... ... .. ._.....:u..i......i.::: .J}a'X.tato'u.i _a1 1... �r.....w...,.i,. f Edmonc .� I� �r1 , ® it t1 t111�f ,., , 1 /t ECEIV,�ED INTER -OFFICE CORRESPONDEN Bobby,Mills P.W. Gary McComas - Fire Marshal i�gnTSSmith/Jerry Hauth - Engineering FROM Duane Bowman Iv I 11986 ' . .j' a � I tI l •'4f I '. ENGINEERINf 'I ' ` 11 i.511i 11 /4%,86 DATE r Irity of Edmon( INTER -OFFICE CORRESPONDENCE CtTY� OF EDMONDS Bobby. Mills P.W, ry McComas - Fire Marshal ''DanSSmith/Jerry Hauth - Engineering Duane Bowman T11/4/86 FROM DATE _. , ,�� 5 x A. '61ty of Ed monc s �2 � 1, t l'•V �f �y IYO,11 J'�JVU..4'4t INTER -OFFICE CORRESPONDENCE "Bobby. Mi 11 s = P.W CITY OF EDMONDS 1 Gary McComas - Fire Marshal Duane Bowman i;:;; r,.11 /4/86 "Dian Hauth - Engineering FROM DATE TSmith/Jerry SUBJECT V-34-86 VARIANCE TO REDUCE REAR SETBACK FROM CODE REQUIRED 15'TO:0' ?. , FOR DECK/FENCE AT 1016 DALEY STREET (RS-6) HEARING DATE: NOVEMBER.20, 1986 `gyp RESPOND WITH YOUR COMMENTS NO LATER THAN NOVEMBER,12, 1986 PLEASE .: 0``�' THANKS. �V� • F t I � t . •1ir a•J.. •tr�i! i. .. , '•?• , a 1 ADJACENT PROPERTY OWNER LIST PLEASE LIST ALL STREET ADDRESSES OF RESIDENTS OF PROPERTY WITHIN 80 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,) 1 C /re?�/-��r `JCLG'{%sC<jyS�%cGcC/L JGC��'/ v��L�rf . Dl/t7"LLJ e 9 : 4' ;1��i <«j r 12) /:.'���<�r� �' _.__.............. _ Great Western Savings Wash. Federal S&L Edgar, William R. Reardon, Robert L. #50520020586 #90-027014891-6 11201 S.E. 8th St. 425 Pike St. Bellevue, WA 9800-9 Seattle, WA 98101 William Edgar/Resident Mary Jane Conran 1027 Daley St. P.O. Box 217 Edmonds, WA 98020 Edmonds, WA 98020 Elsie J. Bush/Resident Resident/Owner 1023 Daley St. 1010 Daley St, Edmonds, WA 98020 Edmonds, WA 98020 Mrs. Bonnie Kostic Kulle Mr. & Mrs. Fred Ross or Resident 1016 Daley St. 1017 Daley St. Edmonds, WA 98020 Edmonds, WA 98020 Savings Bank of Puget Sound Michael Hill/Resident Kostic, Earl F. 1026 Daley St. #222-41630-6 Edmonds, WA 98020 815 2nd Avenue Seattle, WA 98104 J.I. Kislak Mtg. Serv. Rainier Fin. Ser. Co. Nasham, Nevin #3713113 Hill, Michael G. 1101 Brickell Ave. #3005180184 Miami, FL 33131 P.O. Box C-34040 Seattle, WA 98124 Nevin Nasham/Resident Harry Ittner/Resident 1009 Daley St. 1028 Daley St. Edmonds, WA 98020 Edmonds, WA 98020 Olaf Aase/Resident Wash. Mutual Say. Bank 1003 Daley St. Ittner, Harry W. Edmonds, WA 98020 #018420695379 1101 2nd Ave. Seattle, WA 98101 Mr. & Mrs. Robert Reardon/ Donald H. Berry/Resident Resident 1027 Sprague St. 1104 Daley St. Edmonds, WA 98020 Edmonds, WA 98020 4 Mr. & Mrs. Alvin Millis/ Resident 1019 Sprague St. Edmonds, WA 98020 Lomas & Nettleton Co. Millis, Alvin D. #0746-43547 P.O. Box 660722 Dallas, TX 75266 Gayle & Millicent Salmon 20418-92nd Ave. W. Edmonds, WA 98020 Alice Thornton/Resident 1003 Sprague St. Edmonds, WA 98020 Mr. Jude Petre/Resident/Owner 1007 Sprague St. Edmonds, WA 98020 0 CITY OF EDMONDS NOTICE OF PUBLIC HEARING TH 040 WILL HOLD A PUBLIC HEARING �fwtw,6IDA-Y 4 APPLICATION: FILE • V77J T*-- PROPERTY ADDRESS AND LOCATIO ZONE DISTRICT, 7! THE HEARING WILL BEGIN AT 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 NSIIDERED AT THE HEARING. PLEASE ADDRESS THEHE HEARING AND SPEAK. YOU MAY ALSO WRITE A E TTER STATING YOUR VIEWS WHICH WILL BE CO LETTERER TO HE PLANNING DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINED TO US NEEDED, ANOTHER THE DATE OFING THE CONTINUED JSE HE AGENDA IS NOT HEAR HEARING WILL BEAN ANNOUNCED ONLY FURTHER INFORMATION 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 CONCEALMENT OF S NOTICE BEFORE THE DATE WARNING'S OF THE HEARING ISTA IMISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOV ED AFTER- 6� H�� FILE NO. V-34-86 APPLICANT Mrs. Fred Ross AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Susan Painter being first duly.sworn, on oath deposes and says: That on the 7th day of November ,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. Si gned ►V l,t:Q�i� �� �n t�'U Subscribed and sworn to before me this day of 19- .. _ QiL Public in and for the State of Washington. Residing at�`�!�/ MY, COMMISSION EXPIRES s.IR.R9 FILE N0. V-34-86 APPLICANT Mrs. Fred Ross AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Ray Johnson being first duly sworn, on oath, deposes and says: That on the 7th day of November 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 _f)L Subscribed and sworn to before me this day of �J . 19 Notary Public in ana for the ,)rate qT Washington. Residing at MY COMMISSION EXPIRES 6.16.89. Tex Salmon's Chevron Service Center Your Neighborhood Chevron Dealer 355 N. W. 85th St., Seattle, WA 98117 Telephone 789.1661 SEPTEMBER 25, 1986 DEAR MRS. ROSS, 1'"tIVED NOV u" 1986 -CM E EDMONDS WE HAVE INSPECTED THE FENCE RECENTLY BUILT BET14EEN OUR TWO PROPERTIES AS YOU REQUESTED. THE CORNER POST HAS BEEN PLACED OVER THE PROPERTY LINE USING THE MARKER LEFT BY YOUR SURVEY OF THE PROPERTIES. THIS IS, IN OUR OPINION, A MARK OF POOR JUDGEMENT ON THE PART OF THE CONTRACTOR. IT IS USUAL, IN THE CONSTRUCTION OF FENCING, TO PLACE THE CORNER POST AND THE FENCE WITHIN THE PROPERTY LINE, NOT IN THE MANNER WE OBSERVED. WE COOPERATED WITH YOUR REQUEST TO CLEAN UP THE AREA SO THAT A FENCE COULD BE CONSTRUCTED. NO MENTION WAS MADE TO US OF A DECK THAT HAS ALSO BEEN A PART OF THE CONSTRUCTION. AT THIS TIME THE LOCATION OF THE FENCE DOES NOT PRESENT A PROBLEM. WE WILL RESERVE THE RIGHT TO REQUEST THE RELOCATION TO ITS LEGAL LOCATION, IF AND WHEN OUR REMODELING AT THE PROPERTY REQUIRES THIS ACTION. SINCERELY, /fJn' G. D. "TEX" SALMON cc: CITY OF EDMONDS PLANNING DIVISION Chevron a '4=�5 �a�¢'�,�k.�n �r.+�r'�`ir+7S1 �,!ty.,:k�:3tz�'.�t#.d.✓Y!e tGN„1'Lt>s�.".:.a�.<::ic'ai.�t:..�k.�:it«Ga.i�iL.s,o,e�.col:e � � 't :w+ES3n�''u:.'%.,iJs b.,du..w+�..tusecC ..r '''w .v.:t'* .asW%1ii:w4�ati� ...u�.w,u.....r r .]_...✓.._ /.�.4 •uL..._.�_ ~ 1 Tex Salmon's Chevron Service Center Your Neighborhood Chevron Dealer 355 N. W. 85th St., Seattle, WA 98117 Telephone 789-1661 NOVEMBER 3, 1986 REl�,tIVED HV 51986 CITY OF EDMONDS DEAR MS. FRANCIS, RE: MARION ROSS, 1016 DALEY, EDMONDS THE ENCLOSED LETTER WAS SENT TO MRS. ROSS SEPTEMBER 25TH. WE HAVE LEARNED FROM NEIGHBORS IN THE AREA THAT A VARIANCE OR PERMIT WAS NOT OBTAINED FOR THE CONSTRUCTION DISCUSSED IN THE LETTER, AND THAT MRS. ROSS HAS REQUESTED A HEARING FOR A VARIANCE ON CONSTRUCTION THAT HAS BEEN COMPLETED. AS OUR LETTER STATES, WE WERE NOT INFORMED OF HER PLAN TO BUILD A DECK, NOR T,IAS IT EVER MENTIONED DURING OUR DISCUSSIONS ABOUT THE FENCE TO BE BUILT BETWEEN OUR PROPERTIES. WE FELT YOUR OFFICE SHOULD BE AWARE OF THESE FACTS WHEN CONSIDERING HER PETITION. SINCERELY, G. D. "TEX" SALMON OWNER, 1007 SPRAGUE ST. EDMONDS, WASHINGTON 0 Chevron -.' ���` CHN '«i.& w.d.....,..,s:,.�S..L.....e.....a_>...,._.+....ii...,..._......�.,�wtk.rJ..n...:...f a..........:.e_..�:.i.:.`..'.Sw.:.'rsZ.,:. ..r...___ _...`.�.,. a....c..........« ........u.,.�..,u..�.•=ma ' - .-1. .a..___....� ^��- 522i ^d THIS PACKET SENT TO HEARING EXAMINER ON NOVEMBER 14, 1986 EXHIBIT LIST V-34-86 EXHIBIT 1 - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - PLOT PLAN / VICINITY MAP EXHIBIT 4 - DECK PLANS EXHIBIT 5 - PETTITION IN SUPPORT OF APPLICATION EXHIBIT 6 - LETTER OF OPPOSITION ALVIN MILLS EXHIBIT 7 - LETTER OF OPPOSITION JUDE PETRIE EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-34-86 HEARING DATE: November 20, 1986 I. REQUESTED ACTION: Variance to reduce the required rear setback from 15' to 0' to allow a deck at 1016 Daley Street, Edmonds. II. APPLICANT/OWNER: Marion Ross 1016 Daley 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 contains approximately 7,050 square feet of area. There is an existing garage, house and shed on the property. The garage was built under variance #V-13-83. The applicant built a new fence and deck in the southeast corner of her lot in August. The work was done without a building permit. Surrounding development is entirely single family residential. B. Official Street Map Proposed R/W Existing R/W North - Daley Street 60' 60' C. Conformance to Chapter 20.85.010 1. Special Circumstances 3 Staff Report Page 2 V-34-86 Special circumstances do not appear to exist in this particular case. While the southern portion of the lot is steeply sloped, and a very good view of Puget Sound can be obtained from the deck, these are not grounds for special circumstances. 2. Special Privilege The proposed variance does appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property and surrounding area as Low Density Residential. The proposed variance does appear to conflict with the purposes of the Comprehensive Plan. The deck sits above the neighboring properties to the east and west. This poses a potential for imposing on the privacy of those properties, as well as the properties to the south. 4. Zoning Ordinance The subject property, as well as the surrounding area , is zoned RS-6. The proposed variance does appear to conflict with the purposes of the zoning ordinance and the RS-6 zone district. The deck could be moved down slope eleven feet and would comply with the zoning ordinance. 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 not appear to represent a minimum variance request. V. STAFF RECOMMENDATION: It is the recommendation of the staff that V-34-86 be denied, in that it does not conform to all the review criteria of Chapter 20.85.10 I � ) CITY O F EDMONDS LARRY S. NAUGHTEN t-t MAYPEI 250 5Ih AVE. N. • EDMONDS, WASHINGTON 98020 • (206) 771.3202 i s . i V E L) -� HEARING EXAMINER i_ Igor CI fY OF EDPIORiDS' FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE NO: V-34-86 OF MARION ROSS FOR APPROVAL OF A VARIANCE DECISION: The requested variance is denied. INTRODUCTION Marion Ross, 1016 Daley Street, Edmonds, Washington, 98020, hereinafter referred to as Applicant, has requested a variance to reduce the required rear setbacks from 15 feet to 0 feet at 1016 Daley Street, Edmonds, Washington, and more particularly described as: Block 043-D-00, Lots 5 and 6 plus one half of the north vacated alley in the City of Edmonds, Washington. A hearing on the request was held before the Hearings Examiner of the City of Edmonds, Washington on November 20, 1986. At the hearing the following presented testimony and evidence: Duane Bowman, Planning Department, City of Edmonds, Edmonds, Washington, 98020; Marion Ross, 1016 Daley Street, Edmonds, Washington, 98020; Alvin D. Millis, 1019 Sprague Street, Edmonds, Washington, 98020; vale Salmon, 1007 Sprague Street, Edmonds, Washington, 98020. At the Hearing, the following exhibits were submitted and were admitted as part of the official record of these proceedings: Exhibit 1 - Staff Report Exhibit 2 - Application/Declarations Exhibit 3 - Plot Plan/Vicinity Map I'm n Exhibit 4 - Deck Plans Exhibit 5 - Petition in Support of Application Exhibit 6 - Letter of Opposition of Alvin Millis Exhibit 7 - Letter of Opposition of Jude Petrie Exhibit 8 - Survey of Property Exhibit 9 - Letter from Berry Exhibit 10 - Letter from Conran Exhibit 11 - Letter from Reardon Exhibit 12 - Letter from Thornton Exhibit 13 - Letter from Farnham Exhibit 14 - Letter from Aase Exhibit 15 - Letter from Applicant Ross Exhibit 16 - Photograph submitted by Ross Exhibit 17 - November 19, 1986 Letter from Ross Exhibit 18 - Salmon Letter Exhibit 19 - Photograph submitted by Ross 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 Hearings Examiner, the following Findings of Facts and Conclusions constitute the basis of the recommendation of the Hearings Examiner. FINDINGS OF FACTS 1. The applicant has requested approval of a variance from the required rear setbacks on property located at 1016 Daley St., Edmonds, Washington. The specific request'is a variance from the 15 foot required rear setback to a 0 foot setback in order for a deck to be allowed on the subject property. (2) a 2. The subject property is zoned RS-6. Section 16.20.030 Edmonds Community Development Code (ECDC) establishes minimum rear setbacks for RS-6 zoned property as 15 feet. The applicant seeks variance from these standards. (Ex. 1) 3. The subject property consists of 7,050 square feet. On the property is a garage, house and shed. The appli- cant has built a new fence and deck in the southeast corner of the property. The fence and deck were built without a building permit. Upon investigation it was determined that the deck was constructed within the setbacks and the applicant seeks a variance to allow the decks to remain as constructed. (Exhibit 1) 4. In order for a variance to be granted within -the City of Edmonds the criteria as set forth in section 20.85.010 ECDC establishes the criteria for review of a variance. That criteria includes: A. Special circumstances relating to the property must exist in order for the granting of a variance. B. The approval of the variance should not be a grant or special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. C. The approval of the variance should be consis- tent with the comprehensive plan of the City of Edmonds. D. The approval of the variance must be consistent with the purposes of the zoning ordinance in the zone district in which the property is located. E. The approved variance must not be detrimental to the public health, safety and welfare nor injurious to the property or improvements in the vicinity in the same zone. F. The approved variance must be the minimum necessary to allow the owner the rights en- joyed by other properties in the vicinity with the same zoning (ECDC). (3) a 5. The Planning Department of the City of Edmonds has recommended denial of the variance. The Planning De- partment submitted that special circumstances do not exist for the granting of the variance and that the granting of the variance would represent a special privilege. In addition, the Planning Department sub- mitted that the request of variance is in conflict with the purposes of the comprehensive plan in the zoning ordinances of the City of Edmonds. The Planning Department further submitted that the requested variance does not appear to represent a minimum variance request. The Planning Department did submit that the proposed variance will not result in a significant impact to the public or to nearby private properties or improvements. (Bowman Testimony) 6. The applicant submitted that she recently had her property surveyed and it was determined that she had an extra 3 feet of property on the hillside in the rear yard of her property. It was at this time that she de- termined that she wanted to landscape the area with a wooden fence and area deck in order to use the steep hillside more effectively. She proceeded without the necessary permits from the City of Edmonds and con- structed the fence and deck within the 15 foot rear setbacks required for RS-6 zoned property. (Ross Testimony, Exhibit 2) The applicant submitted that because of the steep grade of her property in the rear (45 degrees) it is difficult to use the property. With the construction of the deck the property is accessible and can be landscaped. (Ross Testimony) 7. In building the deck the applicant had concrete piers constructed in order to support the weight of the deck. These concrete piers were placed 4 feet in the undisturbed soil of the property. It is the opinion of the applicant that should the deck be required to be removed and the piers disturbed there will be erosion and slippage problems on the steep hillside in the rear yard of the applicant's property. (Ross Testimony) g. The applicant submitted that no properties in the vicinity are impacted aesthetically by the deck. According to the applicant the property owners on Sprague cannot see the deck. (Ross Testimony, Exhibit 15) (4) El 9. An adjoining property owner submitted that the structure was illegally constructed and there is no justification for the granting of a variance. According to the witness, if the terms of 20.85.010 are adhered to, the variance should be denied. (Millis Testimony) 10. The applicant submitted letters of support from neighbors in the area. These letters indicated that the deck is not a detriment to the neighborhood and does not impact their properties. (Berry Letter, Conran Letter, Reardon Letter, Thornton Letter, Aase Letter, Farnham Letter) CONCLUSIONS 1. The application is for a variance for a reduction of rear setbacks on property located at 1016 Daley Street, Edmonds, Washington. The specific request is for a reduction from the required 15 foot setback for the RS-6 zoned property to 0 foot setback. The purpose of the variance is to allow a deck that was built without permits to remain on site. 2. In order for a variance to be granted within the City of Edmonds the criteria as set forth in Section 20.85.010 ECDC must be satisfied. The proposal of -the applicant does not satisfy all of the criteria. 3. Special circumstances do not exist for the granting of a variance. The placement of the deck within steep slopes for retention of a view is not a special circum- stance that warrants a variance. 4. The grant of a variance would be the grant of a special privilege to the applicant. 5. The properties adjoining the property will have their privacy impacted by the variance. As a result the requested variance is not consistent with the compre- hensive plan of the City of Edmonds in that residential privacy would not be protected as required in Section 15.20.005B5A. The requested variance conflicts with the zoning ordinances of the City of Edmonds and the purposes for the RS-6 zone as set forth in 60.30.000 ECDC. It does not provide an additional use which complements or is compatible with single family dwelling use. (5) 0 I 6. Requested variance will result in an impact to the public or to nearby private properties or permits by an invasion of the privacy of the property owners adjacent to the site. 7. The variance is not -the minimum necessary for the applicant to enjoy the use of her property. nvoTCTnTJ Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the hearing, and upon the impressions of the Hearings Examiner on the site view it is hereby ordered that the requested variance for a reduction of the rear setbacks from 15 feet to 0 feet in order to allow a deck at 1016 Daley Street, Edmonds, Washington is denied. The denial of the variance, however, does not require the applicant to remove the concrete pillars that have been placed within the ground. The pillars can be allowed to stay to prevent any further erosion or slippage of the property. However, the platform on the pillars must be removed. This variance request is denied because the applicant has failed to satisfy the criteria as set forth in Section 20.85.010. It is the applicant's desire to have the deck located within the setbacks, and it is advantageous to the applicant for its loca- tion at this point. However no special circumstances exist for the granting of a variance and allowance of the deck to remain. Entered this �, day of December, 1986, pursuant to the authority granted under..Chapter 20.100 of the Edmonds Community Development Code. James M. Driscoll arings Examiner (6) �, ..,,._i..�..:::,....�':....W:.....,s......��t_.:.._..�:..:......_.:..,Y.............,a..sv,....,a.::.:,..,..F..,ia:a.u..fixu....:..::«.,.w....,xx+.,...�....:.....:::x,...�.�...yv.:.: _..._.:. 'i.. y. :.+V. 1`": PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS ITEM AND/OR WISH TO RECEIVE A COPY OF THE HEARING EXAMINER'S FINDINGS OF FACT V-34-86 MARION ROSS Variance to reduce the required 15' rear setback to 0' to allow a deck at 1016 Daley Street NAME ADDRESS po o� 3G3 K. s�6� Lj, 5 y s °i ,' II ern of EDMOND aeop - •�� k