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1306 OLYMPIC VIEW DR.PDF1306 OLYMPIC VIEW DR l • INTER -OFFICE COMMLOCATIONS TO FORM 41 - LITTLE'S STREET FILE ( DATE May 8, 1972 Harry Whitcutt Building Official FROM Bill Nims Assistant Engineer SUBJECT: Storm Sewer Inspection o Convenient Store Parking Lot. A final inspection was made on May 8, 1972, of the additional storm sewer work on the private parking lot of the Convenient Store. The catch basin and storm line are working correctly due to the asphalt edge placed to channel surface run-off into the catch basin. The entire storm system is hereby approved from an engineering stand- point. 40 WJN:mlf INTER -OFFICE COMM I&ICATI O;NSSTRE;ET FILE ATE.. April 'i 19 79 TO FROM,�� Engineering Department Building,,;Mepartmeht e. FORM 41 - LITT E'S Th. ra SUBJECT: Convenience Stores Permit #710397 • Please reinspect the storm drainage provision at the above and advise this Department if it is now acceptable. Ya u Mug r PA-m i i-i Ave- w /-rw -rwt s P1, v*r r-, Ct4 urv- A-® WS15- IN -OFFICE COMMSICAI&NS 1 Harry Whitcutt -�PLeif Larson TO John Wallace FORM 41 - LITTLE'S SUBJECT: IV 0 DATE November 21, FROM Ron Whaley, M. A. A. 19 73 Mr. and Mrs. Jane Cunningham -VS North End Convenience Store VS The City of Edmonds. Today by telephone, I had a long conversation with Mr. Cunningham listing all of the things that the City has not accomplished and are obligated (?) to do in connection with this construction project. Those things pertain'to site improvements and drainage. Please let me know in writing what you believe the present status to be relating to permits, obligation of the City, and work to.be performed and/or completed by the City and/or store owners. Ron Whaley 3 RW/jh cc Mayor Harrison S'ROY, L � c v R t T- REP ak r— IIVO IC�47-/" G IXIH `}T ai / 5 o ,. ADDRESS: O TAX ACCOUNT/PARCEL NUMBER: BUILDING PERMIT (NEW STRUCTURE): COVENANTS (RECORDED) FOR: CRITICAL AREAS: DETERMINATION: ❑ Conditional Waiver ❑ Study Required ❑ Waiver DISCRETIONARY PERMIT #'S: DRAINAGE PLAN DATED: PARKING AGREEMENTS DATED: EASEMENT(S) RECORDED FOR:_ PERMITS (OTHER):_ PLANNING DATA CHECKLIST DATED: SCALED PLOT PLAN DATED: SEWER LID FEE $: SHORT PLAT FILE: SIDE SEWER AS BUILT DATED: SIDE SEWER PERMIT(S) #: GEOTECH REPORT DATED: STREET USE / ENCROACHMENT PERMIT FOR: WATER METER TAP CARD DATED: LOT: LID #: BLOCK: LATEMP\DST's\Forms\Street File Checklist.doc , jo ef rr !A4 P fb 7T •� �� ° n Al z 1 } O <. 0 c m z fx . �•, g x. 06 s! (o Oco M br tt^. ^r C 15 ' ,, -, ;_A •,' AC, * sA!i an -T 7 ID �. ry of .a ur CD y i' s r-r ar'- Y �t ZZ J `+' Yi•n +' '�,' .fit''+ n. r 0P +� S1 rn H N �.{,% a i rTr7 , Y��yp .*i 7. P Fes•► @'xW' > N O O�r �'Q W y . "aa+a1 .., 0 kip •t � ,ij1„� • e Na yy,��,� ,+� �.w''! It �' ,, :Q+ (� y� �`• 4 �r 4 , 4 • Mr. Rex Strioktand 1800 Otprio View Drive FcSsonds, Washington 90020 Dear Mr. StrioKand: Deoeneber 7, 19?3 Re: Convenient Store Property Punruant to Counoil request, rolative to storm dmin- age on your prapsrty, an on site field inepsotion was oonduoted by th�ds depart t. The results of the lnspeotlon are at MUMS: t. Permission was given verbally to oonnduot the inspeotion on private property. 8. the inspeotion was om*wtred on November 28, Ufa, using a garden hose to treats surface floes on the asphalt parking tot. S. The direotion of water flow is indioated on the attaohsd sketch. !. P'fft percent of the water flows into the oatoh basin at the northwest corner. Forty Percent of the eater flows around the asphalt berm along the drive- way and oontinues westbound along the south shoulder of Or�sw. About ZO peroent of the water seeps through the fens along the west property tine. This 000urs in the area where the asphalt mised edge doss not eacist. rt is, therefore, requested that the asphalt raised edge along the west property tine be oorreoted to create flow easterly to the oatoh basin. rf you have any questions, please aontaot this orfios. Fours very truly, MY OF 9DWSM117 LSrF R. URSOR City Xnginesr YJF: LRL:µor Attaohwent oo: Mr. d Mrs. Cunninghaw 60-- Dece>wbesr 49 1973 Key" PAVVUM 9 City Council MXt Leif R. Urson City Ensineer SUW=t Drainage Problaw - Worth Egad Convenient Store and Cunningham Pursuant to Coil action, of November 27th regarding the subject drams probleta, the following ohronelogical events are supplied for your infosr ration t 1. A drainage Wotan was &wriped for the property as part of the development's engineering requirement. 3. A was dated November 29, 1971, to the file indicates the drainage was not installed according to their pleat. 9. On April 139 1972, a mom to this depwtwsnt fan the building department asked us to reinspect the store drainage system. 4. A final Inspection was wade on Nay S. 19721, which included some additional work. The drainage system was approved per move to building !leparteerst. S• ft C s19 GZlenco ing of Deaeasiber► 12, 1972. Mrs. Cunninghgo and dratuage. gineeming was to look at the 4=1n ; d ins inspection thewas no significant runoff to the Culttnshaw propan "O 6. On Movesiber 209 1978, an Inspection was a gde. We received pomission from the Store and tom. Omminghaw to use the video tape, We than conducted a test using a garden hcse to create surfae s ruoff as It was a clear dry day. Results of the test we provided, an the attached drawing and the film Is stored at the Police Departaent for future use. 7. The Engineering, Dc�nt recowNantde that the property owner place adl deal asphalt to ornate a berm that will allow the water to flew easterly to the catch basin. LRLtajr 'At4at Ir. I NSPECTION M Aue W iTN dW Naas 'P l56ION LIS N 6 TeISUte1�N \11()eo Tyr P E 6N \N Ca NON/ 28,14ar7 .su R .OAIC.E Rau N a FF 5 as/I. CAN AINFQ ON ?Qom �N FLOWS lNro M. q. oala l= Lom Wesr" PD oN GeAN VIE W ALORG ! fftoQ OBIZ 4d=� O. FLOW ' ?R BL.Em AQUA A5 P AUT R ISTINU a � f� I V E RECbWM �p r• OF w T LOW oP- 'Qaor DrmI N _ J di WIT4 ?1Pf � • "--� G�3 �' u.I�1Q�L51 P�v�rlt.K [� . OLYfv'TIC VIEW DR. 30 r �. -5- EDMONDS CITY COUNCIL MINUTES DECEMEER 4, 1973 STREET FILE until the Amenities Design Board is in operation. Motion carried. OATH OF OFFICE FOR NEW COUNCILMAN KENNETH WELLING City Attorney James Murphy administered the oath of office to newly appointed councilman Kenneth Welling. Councilman Welling then took his seat at the council table. DRAFT OF MASTER PLAN FOR SHORELINE MANAGEMENT Kay Shoudy, Assistant Planner and the staff advisor to the Shore- lines Advisory Committee, told council that this plan had been presented to the Planning Commission at their November 14 meeting. The Planning Commission had moved that the plan be forwarded to the City Council with the recommendation that council forward the docu- ments to the State of Washington for review. Mrs. Shoudy noted that the plan must go to the State Department of Ecology by December 20. She then introduced the Committee members: Howard Lovering, Chair- man; Sara Whitmore; Drew Miller; Gerry Geschke; George Grant; Margaret Johnson; Ed Robinson. Howard Lovering then began an explanation of the program At this point, it was determined that items 9 and 10 on the agenda, review of the plat of Parkview Firs and a report on the Jane Cunningham property, be taken up in order to clear the agenda and be ahle to devote the remainder of the evening to the Shorelines Master Plan. COUNCIL REVIEW - FINAL PLAT OF PARKVIEW_FIRS City Planner Joe Wallis presented the new plan submitted for Park - view Firs in the Five Corners area. He explained there was no change in density between the old and new plans, and showed color slides of the plans and the area. City Planner Wallis noted that this was a definite improvement over the original plan, and recom- mended council approval of the plan as modified. It was moved by Councilman Nordqui,.t, seconded by Councilman Anderson that council accept the plan of Parkview Firs, as modified. Motion carried. REPORT ON JANE CUNNINGHAM PROPERTY City Engineer Leif Larson reported that his office had inspected this problem and used video tape for recording. They found drain- age leaking onto the Cunningham property, and the only way to correct the situation is to install a berm and raise the asphalt where the low spots result in puddling; also to redirect the flow of the drainage water to the catch basin on the northwest side of the store. Engineer larson made this recommendation and advised �y his office would wr JAI! a lr,t.ter, to the jore property owners, Ef' advising them of these requirements. MASTER PLAN FOR SHORELINE MANAGEMENT = CONTINUED Howard Lovering, Chairman, reported on the master program, which responded to the state requirements, and stated that the committee hoped the council would send it on to the State Department of Ecology by the due date of December 20. He added that the plan is a general, comprehensive one with long range proposals and guide- ?fnes. The committee had to respond to the guidelines of the state as we33 as taking into consideration the citizens' desires. It conformed to the natural environment and its relationship to the multiple uses of shorelines. George Grant explained that the re- rs"i A1,4STRUT FILF ' EDMONDS CITY COUNCIL MINUTES NOVEMBER 27, 1973 -2- /Mrs. Jane Cu-iningham, 1030 Grandview, stated that she has again come to council asking for h3lp with a drainage situation near her home. She appeared before council on t.:e 12th of December, 1972 regarding the same matter. 11rs. Cunningham read a portion of the minutes of that date, wherein she had explained the problem of drainage, etc. She said the city did put in extensive drainage down the street, so that her neighbors, to Phillips' and the Herbs no longer have a problem. She said the not drainage ha:, not been taken care of and is still emptying down the back of the convenience store. Mrs. Cunningham also said that not::ing has been done to the berm, so that water is not directed to the catch basin. Councilman Gellert mentioned that he had stopped and looked at the area in question, and that he did note standing puddles of water. There was some discussion, and following this the Mayor asked the City Engineer to look into the matter. Councilwoman Shippen asked that the engineer report back to council next week. CERTIFICATION OF ELECTION RETURIIS - MUNICIPAL FLECTION Hrr.'LD NOVEMBER 6, 1973 Deputy City Clerk, Eleanor Quealey, notified council that the certified election returns had been received from the County Commissioners Office. They were as follows: COUNCIL POSITION #1 Absentees Donald S. Tuson 4,560 225 Gordon L. Gogert 2,198 86 COUNCIL POSITION #2 Max Gellert 3,185 169 Greg Selvidge 3,111 136 COUNCII. POSITION #3 Robert A. Anderson 4,494 218 Michael D. Parmelee 2,375 96 HEARING: FINAL ASSESSMENT ROLL LID 191 - SEWERS, SOUTH 01' MEADOWDALE JUNIOR HIGH SCHOOL. COUNCIL ESTABLISH INTEREST RATE ON BONDS MP r,rn 1qi Hearing was held on Final Assessment Roll for LID 191. City Engineer, Leif Larson, reported that the Preliminary Assessment Rol] Hearing was held on the 6th of Mnrch nrid thy+ prr+liminnr7 un:timatn wnri 'I�;��;,',�,U nrid th,� zonh front foot oont won orit;lnuntnd ut 1<i').iS';. At, I hnt lil!Ni ing th,• nuthorized tho City to partir:ipnte l(//,, in tl"- L.II). The 1illol 1,I1i collt to 9V)4,859 with n zone front foot cort of 114.05. At this point Mr. Larr3on explained the zone terminii method following a request from a gentleman in the audience. The hearing was then opened. Mr. Ackerman, residing at 17005 - 67th Avenue West, said that he could not understand why his assessment figure was higher than some of his neighbors that had the same size property he has. Mr. Larson said that he would be glad to go over the matter in detail with Mr. Ackerman. Another gentleman in the audience said that he would like to speak for a neighbor, but Mr. Larson told him that he was aware of this situation and that the matter has already been resolved. No one else wished to speak, and the hearing was closed. A motion was made by Councilman Nelson and seconded by Councilman Anderson to pass Ordinance #1686 approving and confirming the final assessment and assessment roll for LID 191, and that the council affirm the 6.5116 interest rate.on the bonds. The motion carried unanimously. YPC M ICHAEL W. HERB ATTORNEY AT LAW CASSELL BUILDING .19730-64I1i WEST, SUITE 201 P. 0. BOX 694 LYNNWOOD, WASHINGTON 98036 TELEPHONE 774-7744 September 26, 1972 Mr. Bill Nim s City of Edmonds Engineering Department Edmonds Civic Center' Edmonds, Wash. 98020 Dear Bill: S EP 27 1972 CITY CF ED,�140NDS BY Thank you for coming to the property on September 22nd and I know you had a long day, and I wanted to let you know I appreciate your coming over. I also welcomed your suggestion that we have a berm installed at the turn -around point to divert water into the catch basin. Very truly yours, MIC HAEL W . HERB MWH:ts • ' STREET, FILE T�DiiOPdDS CITY COUNCIL rIRFO`i'ES D :CEi yI R 12, 1�72 - �d by Councilman Tuscon to confirm the appointment Councilman Nordqui.st and serondc of Phil Averill to, the Civil Service Commission. l'hi:i motion also' carried with Councilwoman Shippen abstaining. AUDIENCE PARTICIPATION Mrs. Jane Cunningham, 1030 Grandview was in the audience and wished to.bring to the attention of the council some problems in connection with a convenience store located near her home. She passed out a sketchindicating the location of a fence .ham stated that there was supposed to be a 6 ft. and catch basins, etc. Mrs. Cunningham r less than that in fence pu t ; in behind the store, but actually it _-.� 5 feet an d le some areas. Mole. are no e neath the fence and bringing up dirt, now.working . g underneath which is undermining . the fence and bulkhead . She said there are many 5 heavy delivery trucks coming in behind the store. and i••irs. Cunningham wonders if the bulkheads can stand this kind of weight.. A further problem is the drainage. She stated that there is drainage from the rear, the roof, but the slope of the blacktop. is such that not too much of this water goes into the catch basin. Some of the drainage goes down to, Mr. Phillips house and some 'down the driveway to a catch basin in front of Mr. Herbs garage. Mrs. Cunningham is concerned that this. drainage will come into her ,,yard when the blacktop starts breaking along the fence line. It is her feeling that�the convenience store should be required to correct the situation and itshould. not be the responsibility -of' the adjoining.property owners.- Councilman Tuson asked Assistant City Engineer, Richard Allen, what could. be done to correct this problem. Mr. 'Allen said he. had reviewed the drainage situation and said that the Engineering Department.has recommended that the owner be contacted and asked to divert the,roof drainage and make repairs as soon as the weather, is favorable. Mr. Allen said we do not h .ve any ;:pecifi.cations for parking lot. asphalting, but they did require the containment.of the drainage. The original. plans .had called for drainage to come around to the front of the .building.: They had placed a berm there, but it is not working. After some discussion, it was sue(-ested by Councilman Gellert that pr:rhaps there should be a place on the Occupancy Permit for an Engineering sign-off'and he recommended this. Councilwoman Shippen asked who is responsible 'or the maintenance of thr. fence. City Attorney Murphy stated that since this is the zoning; lizio between ;;inglc-family and bu:.i.n.c3s, the city can require that the business keep the fence in repair. I?ollowi.ng more. discussion, Mayor Harrison asked Mrs. Cunninj;}zam whrlt ::he wanted the city to, do about this problc rn. She an. o-✓ered that f:he on]_y long range sohztion would be to redo the back and rut. ill a concrete: bulkh(:aci that is above the level of the ground find have the drainage fully con C.i.ty At• t of ri - y Murphy r;u:id i t' t}�r;. ciruinn�o ir; not working it would anparently have to be redone. With regard to the bulkhead and the .fence, it was thought that this could be watched anc1 if' it becomes damaging to the neighbor, the matter could be reviewed at a later time. After further d Mr. Allen to keep an e�-c on the situation. discussion, Mayor Harrison aske CORRESPONDENCE Mayor. Harrison said he had a letter from the Highway Commission in answer to his letter to them regarding the construction of a full diamond interchange .at I-5 and 220th. The Highway Comission stated that addiional ramps at 220th would m cause weaving conflicts with the ramps at 2�6th. `I'::ey said this proposal would he considered fa•✓ora� 1y only .if the 36th :-tre -A, rrhrr;, were removed..: To date, Mountlake T'errac:c has not af..-T.•eed -to remove. t',e ;_'36.ti" Street ramp:,. '14ayor Harrison said that perhaps the next e.}'fort should be :'or the City of i;dmonds to urge the City of Mountlake Terrace to remove the ramrs at 236th Street. A. motion was then made by Councilman Gellert and seconded by Councilmian Tuson to encourage the Mayor to seek the cooperation of 1.1ountlake Terrace for the best solution to freeway acc-e.ss at 220th or 236th. Motion carried. .METRO TRANSIT SYSTEM PROPOSAL ✓ , :' Department, stated that he is a member o.f. the Edmonds �.,n incc,ring De, � , I Bill dims with b the South Snohomish County Transit Hoard and has worked with the Metro people - m for Edmonds with with ash equitable arrangement for several weeks to come up . regard to,public transportation. He* felt we would be pleased :rich the proposal to be submitted tonight. He t'r.en iraroduced Larry Coffman, Director of Transit with Metro.. Mr. Coffman :hated that in previous'tal.ks Metro had been attempting to deal with each city individually, wl✓ cre+:is now they are thinking of Snohomish STREET FILE Edmonds Doard of ,Adjuatnu�nt - Rcjfu,lar, Meeti•ni, - July 2'4, 1-972 - Page 2 who can then grant.a two year extension. However that time has now been used up and any extension of the plat must.come from the Board of Adjustment. Mr. Logan explained. that a developer can develop two ways: once the preliminary plat has been approved he may provide performance bonds and get the plat recorded and go ahead with develop- ment; or the developer himself can do the improvements and would probably take sever- al years for development. The City of Edmonds has held up this development so it was Mr. Logan's recommendation that the Board grant a two year extension to the proposed plat that would start after completion of the drainage system -this fall. Mr. Allen asked'if the plat would be approved at this time as it was submitted? Mr. Logan said he did not think the design would change and onlyundergrounding grounding was re- quired now that had not been required when it as submitted. However, undergrounding was imposed on the plat in 1970 when it was granted,a two year extension. It was moved by Mr. Grant, seconded by Mr. McQuade that V-21-72 be approved for a two year period beginning with the completion of the Five Corners Storm Sewer System, as the delay was not caused by the applicant, but by the City of Edmonds. Motion car- ried unanimously. V-22-72 B 6 H Grocery, 1306 Olympic. .'Variance to allow ]0 foot wall'in required �r 20 foot rear yard setback.. Ic Mr. McGibbon read a letter in the file from Harry Whitcutt, Building Official recom- mending consideration be given to this application. A letter was also in the file from Harris F. Freedman 6 Associates outlining what has been done to contain .the noise at the B 6 H Grocery, and what they are now proposing to do. Mr. Logan said this variance request is not much different from the one that was granted in March when the petitioners asked to construct a•roof in the rear yard area. The roof extended 5 feet.into the rear yard area and this request is for 6` feet, or one foot further into the rear yard area than existing wall. The wall height would be approximately 2 -feet more, but Mr. Logan said he did not feel that the additional height or the one extra foot into the rear yard would offer an increased problem. There is now a 6 foot fence across the rear of the property, which is 8 .feet on the neighbor's side, so visual impact would be negligible. Mr. Logan said i was his -recommendation that the variance. request g t t be granted d as i t -- does not a physical constitute p y problem to the adjacent property. Wade James, architect for Convenience Stores said they are well aware of the fact that the neighbors to the west, the Cunninham's, have experienced noise difficulties,, but they have worked hard in trying to solve the problem and .feel that the wall should cut the noise down. Mr. James said that Mr. Freedman believes the construction of the wall will reduce the noise level to 40 decibels. Mr. McGibbon said the drawings show that the wall is to be open on the south end. Mr. James said yes, there is a wooden wall there now which should control the noise in that location. There would be a concrete wall on the north and west side. Harris F. Freedman, who is an acoustical engineer said that even a very low decibel level, if it is constant, can be very annoying in the evening hours. Mr. Freedma n said they had.attacked the source of the worst noise, which is the large compressor, but could not ge t g close enough to the decibel level required by the City Ordinance. He said they recognized the only way to get close to that level was to build a sound absorbing wall between the grocery and residence next door. Mr. Freedman said that 40 decibels is an acceptable level to aim for, but when commercial property borders on residential it is very hard to keep within this range: fie said he felt that people building commercial buildings in the future should be made aware of the dec-f- bel level allowed by the City. Buildings could be built with this provision in mind. Mr. Freedman said in the Cunninham residence the bedrooms are on the other side of the house away from the store and the noise level at that point would be between 37 and 38 decibels. Mr. McGibbon asked if building this wall would get the decibel level to 40'andMr. Freedman said he believed that it would be in the range of 38 to 42. He said that would depend a lot on the expertise of the person installing the wall, However,..he said 3 decibels is as close as anyone can hear and tell the difference.. He said they would make extra effort to get the reading even lower. Mr. Freedman said also Edmonds Board of Adjustment - Regular Meeting - July 24, 1972 - Page 3 that taking decibel readings in the same place, facinf* different directions can vary ,f the reading by several decibel.;. Traffic noises were measured in the middle of the night at that location and ran from 35 decibels, which is no traffic, to 76 decibels, averaging 56 decibels. Walt Sellers, attorney representing; Mr. and Mrs. Francis Cunningham said they appre- ciated the efforts that have been made to solves the problem, but they oppose the var- iance, question whether it will solve the roblem, and is it according to the Zoning e_ of the City of Edmonds and said the situ - Code. Mr. Sellers reviewed the zoning cod'ation arose because no provisions were made prior to building. He said the owner of the property should have made these provi,-lions prior to construction because they knew that a grocery would be there. Mr. Sellers said that it was a rule of law that no variance can be approved where it is a self-created hardship. In the past the Board allowed a variance to enclose the machinery and that it has not helped. He said his clients have sustained damage because of this constant and annoying noise. Mr. Sellers said that the variance should not be granted and the machinery should be put inside the building, then the problem would take care of itself. He said per- mitted uses in Neighborhood Business zone states that there are 6 exceptions to the entirely enclosed building provision and a grocery store is not listed as one of them. A building means all exterior walls being solid except for windows and doors. Mr. Sellers said that inside a building, you can baffle the sound and need no variance to do so. There is substantial roof area and attic space in the store building to take care of the machinery and noise. Mr. Sellers s,xid this: particular problem has con- tinued since March and the neighbors would like to have it resolved. Mr. Sellers said that: ]. the machinery is in violation of the variance granted in March for 30 days; 2. a variance is not necessary if machinery installed in building; 3. the var- iance should not be permitted as it is a hardship created by people who constructed the building; 4. have all solutions been explored as there is now just a little picket fence around the machinery when it should be baffled. Mr. McGibbon asked Mr. Sellers if he though denying the variance would be the quickest way to solve the problem and he said he didn't know. Mr. McGibbon asked what objec- tions there would be to the wall if it solved the problem. Mr. Sellers said there is a rear yard requirement which should have been considered when the other building addition was built. Mr. James said that when the Convenience Stores building, application was made they had a choice of rear yards. If they had faced Grandview, the same street as the Cunninghams there would have been just a 5 foot side yard between the building and the Cunninham property line. Mrs. Cunningham said she was not convinced that the noise won't go over the wall. Mr. Freedman said that the noise would go up and into the wall of the store from the roof overhang. He said in the evening hours any noise not usual is very annoying even if it was only 15 decibels. Mrs. Cunningham said if this variance was approved and it doesn't meet the requirements, then what? Mr. McGibbon said that it then becomes an enforcement problem. The Board of Adjustment could not go any further. The Cunning- ham's would then have to go to the owner, the City or to Court. Mr. Cunningham asked if the Convenience Store people are still obligated to the City? Mr. Whitcutt said they were, and the time limit for the variance had been extended because they have experienced hardships, but that the Building Department has not issued a final on the building pending the solution of the noise problem. Mr. Freedman said that the City of Edmonds lists 40 decibels as the acceptable noise level, but that there are various scales and you would get a different reading with each one. Mr. Grant asked Mr. Freedman where they would go if this wall didn't work and he said they could only completely enclose the equipment and make it part of the building. Mr. Freedman said he has found solutions before in areas where there is a power comp- any adjacent to a residence. fie said the machinery could be moved inside, but that it is air cooled and would have to have openings to the outside. Even in the par- tially walled area there is now, this feast week thvay have had temperatures of 1.35 de - green and the compressors kick out or could burn out. Mr. Grant asked why they couldn't put the compressors on the roof and face the machinery to the south. He was told perhaps they could, but it would take much modification. Edmonds Board of Adjustment - }?e ular Meeting - July 24,' 1972 - Page 4 /Mr. Sellers said the Board should decide that the variance is not needed as the mach- ✓ finery should be inside the building and there is no hardship which has not been created by the builders, so there should be' no more encroachment into the rear yard. Mr. Grant said he did not care about the yard area, only how to get rid of the noise. He said the Cunningham's cannot see.the building so that the only hardship to them is the noise. Mrs. Rutter -asked about moving the machinery to another location. Mr. Whitcutt said that it had been considered but it would be a massive change to the store and not feasible. !4r. James said all the lines for the compressors Ire buried under, concrete and it would be very expensive to move. Lyle Call, a real estate agent in the audience told the Board of Adjustment that he would like to see the variance granted as he thought it was a necessity to the neigh' borhood and would be a terrible hardship to the property owners to have it denied. Will Smith, 1057 Alder Street said he had not been aware of this case before, but just from listening from the audience he wandered if they had considered putting in two walls, one concrete and one wood, with a dead space between. Mr. Freedman said they will be using a special acoustical block that is 8 inches thick and should do the job. Mr. McQuade asked if this does not work will they continue their efforts to control the noise? Mr. Whitcutt said they have to get compliance.to the ordinance. Mr. McQuade said he felt the owners were making a sincere effort to control the noise. A motion was made by Mr. McQuade, seconded by Mrs. Rutter that V-22-72 be approved as the variance will not change the neighborhood or create a hardship on the neighbors. Mr. Grant and Mr. Allen voted "no" and 14r. McQuade and Mrs. Rutter voted "yes". Chair- man :IcGibbon voted yes to break the tie and the variance was approved. Ilyly -19-72 John 11. Crump, 18902 94th W. Variance of 9% from the maximum driveway grade of 14%.slope.'. Mr. Logan explained that Mr. Crump had gone before the Planning Commission for a 3-lot subdivision, but that it had been approved as a two lot subdivision unless he could obtain access.'to the lower lot from Olympic View Drive. Mr. Crump had investigated the possibilities of }raining access through the properties on Olympic View Dr.ive,.had not been able to doso and had come back to the Planning Commission on July 19th. The Planning Commission had reconsidered and granted the 3-lot subdivision subject.to the granting of a variance on the driveway restrictions from the Board of Adjustment. A revised drawing had been presented showing the locations of the driveway which is to be included in the footage of Lot 3. "4r. Logan said the Planning, Commission had stipulated that an engineer's drawing be recorded with the property title showing the steepness,of the driveway grade. The staff has been concerned over -the inaccessi- bility of the lot, and in particular the_Fire Department as they feel obligated to , look after future owners as well as present. The Planning Commission tries to pro vide guide lines so that property hays per.�manent long term valuation end whether or. not the present owners will accept a problem is not the issue, but the future is to be protected. Mr. Logan said City standards are that Street sope will not exceed 200 and driveway slope will not exceed 14%. tie said this lot creates a number of problems but that the owner thinks it is a desirable lot and it is for the view. 'Ir. Logan said the Fire Chief has said that when there is a fire on an easement such as this he will not drive the fire truck in unless there is an awful lot of open space, which there isn't in this case. They would leave the truck on the street and lay hose. Service vehicles, moving vans, etc. would all have problems. When the roads.are slippery the other owners in the area all park on the street. Ir. Logan said if the property owners are willing to accept these hardships, then the City would have to accept building at that location. '(r. Logan said he recommended the variance be approved with these recommendations: 1. A concrete drive 10 feet wide with surface treated to improve traction in wet weather as approved by the City Engingeer. 2. There should be a 2 car parking space, paved, on the west side of 94th Ave. W. about 46 feet lonff and 8 feet wide and approved h-,r the City Engineer. Ir. Logan said there v he north of the existing driveway. Mr. Grant asked is already 4 feet of paving to t g Y Y P r would if. the parking area could be in and a fill made. Mr. Logan said that 1 have to be up to the City Engineer. Mr. Loryan said that cutting and filling would have to be done to get the parking area level as the land slopes to the west and to the north. STREET FIEF no toll um t rums utIt. UW City t su t stwoft V sit i *" s *t O (film vto tt to r tmt tbo 4,tt egait Ot tho v"k Mott" of N " 300 1*7 *ad pub40 tbs 440vu ift tho � lill"t b" 00 rare► jos tiow to this 4 " ttu is tb* attsood Outtbo CITY OF EDMONDS ENGINEERING DEPARTMENT 505 BELL STREET EDMONDS$ WASHINGTON 98020 APPLICATION FOR STREET USE PERMIT (Submit in Triplicate) Wamr of Applicant: ����3��_(�j�L��SP�� I &G � IX-script.ion of Public Place or Portion Thereof Desired to be, .used: (l:xh i.b.i t: may be attached) , ...-..r_..i� w < Type of On-c desired to be Made of Public Place: 7� 71• Applicable, Attach Plans and Specifications For Any Utility or Structure to be Erected and/or Maintained on the Public Place: Exhibi r or brawing Nos: ?L-A tJ - Teen � ara . Permit: Un.ler ,- c4herw.i se designated herein, this permit is understood by applicant to be wholly of a temporary nature, that -it vests no permanent right whatsoever. If the permitted use 'becomes dangerous or such structure shall become insecure or unsafe, ov shall riot he constructed, maintained or used in accordance with the provisions of ttri.;; title, tine same may be revoked and the structure and obstructions ordered MIrnc W!d l)y order of the City Engineer. If this application is for a specific 1-W r i ot.i of t.imea , the term of said application is: .1 rldc malty: Applicant. understands and by his signature to this application, agrees to hold the City r. f C.btjonus harmless from any injuries, damages or claims of any kind or des- r.1' +t ic:-r, wtint:.oeve.r, foreseen or unforeseen, that may be made against the applicant r)r• t.W.., 1 •.,•'- t: t: Edmonds, or. any of its departments or employees, including but not: I in,i o. .,, to tile defense of any legal. proceedings including., defense costs, court and attorney fees. ^A -xi ic.at.ior of Chapter 6.40 of the Edmonds City Code: 0.i.,,.i i c nt warrants that he has read, or had the opportunity to read, Chapter 6.40 „t t hr, L-.icno nor. City Code, and understands that all terms of that Ordinance are in.. irerein as is set forth in full .and this application and permit there- furc- ar, iihjeect to -the terms of that Chapter of the Edmonds City Code. Signs ure of Applicant r • City of Edmonds A Recation for Street Use Permit r Name of Applicant: Street Address: City: Date: A22roval (and Agreement, if A licable) of Abutting Property Owner(s): Signature s Address DO NOT WRITE .BELOW 'THIS LINE (To be completed by Issuing Agency) Date of City Council Approval: Permit fee: Annual Fee ,due January 1, 19 Provision for Indemnity: Terms and Provision of Performance Bond If Applicable: Note: Reference 6.40.050 of the applicable Ordinance) Additional Conditions lm osed U on and Agreed to by Applicant: Approved by: City Engineer Date Approved by: (If applicable) Building Official Date Permit Issued: Permit Number: Date Applicant has read the foregoing,, application and eon,d t 1 s 'af approval of this ;Permit, fully understands `'and. a&ees to all', p-6 d'�lt dt s ` of the foregoing, applica- ,tiori 'and -'permit ,.approval, andby_ the d3c�'c�t 6jv of ,his signature hereto agrees to .. io' J 1 IZ-10 TU: i!ayor 11'arvj "ar: 1 ;on + and Ca.Ly i;01,1116.1 FRO,1: -Leif .:. 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'';s ��t•'�"h s. f' 11rr -44 41 Al -jr i M-340 This The board of iWjustmaut F104: Richard 14 AsSiatant Cit7 Engineer 3UBJEM Rovember 22* 19710 Hearing on tho Convenient Stores (Olympic View, Drive & Gra%dviaw) The Zftineoring Department 'has received an application for a Street Use Fermit. from the oubject property with a sketch requesting the use of 18 feet of Right-of-way on olympte vtev 'rive for laa4stapinS. After review of the applic.ationj, we find that it would be acceptable to extend the lati4scaping into the right-of-vay a, dist=te of 9 feat (vers" 18 feet as requested by the owner). However# final approval of this application will be up to the City Council at the next Council Meeting. 4IX4 1 Mj f "ktit ach"ent 'r '+ •'+ . �,+. fit'. ^..n? .� `^.<!+:°akl"A+'.,,�h i)rl. f Y 7 .�,� '..•f}y"'', y,�'k` I ,� f*' no IAA 1 - ., .�, ,� r •h s _ - ', aREET•.i'1Y'�, j',•-may Y f � ,, » .. {�':r. :{ y __-:, ,, �{'•� 71. 14 v� ° t .•. ?' � 1r, ,;' a�+•. 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L . , r s y �} y9 �+. .'i ,y. *., d. � ;a +� �I�'fI � i � 1Ki", % v+y' � `�� � "� r . ;, r � • .. , * 4f t- 1. �`� .�✓ . . �'"� .� ', � � �� ! � ..r 'fM ;,•Sti r�ir:�; wr►Y�tlrf,�l�,+i��*M��1�.+h1�',� i . r.� � , .�, • CTV 0 --I A ------------ a m m a Z �a JD!0 W mo 0 i Z m '01 .01 01 I I • I b 4 1' I H I a r m 1 u 0 STREET FILE ............ ..... ..... r..:. ���y ATOj. OF ' JCB N0 ..................................... i .ti ...... ^ R. .. � �. �. s r.' .•1•..w. • ...........- „•........... :.. ............ ............. ................. ..• .. «7•.r a •J r`t M �� ' sa I,z A\/ •' •�sair,2 O�%rIV : e�ay...a,� ►�/J►� r r�i �. C �2.oNt j��, , C � s �'�. •)f � ,, . �i: �� ,/ ��N'�* �,r . !'a�„ "'` 'E `a 7 ''' � Y � :��it� to }�rii, { It �a t't.. i � "yy..a�r.�A�.i,#.%, . �'. 'i _ �y ,St, r1,r'. Iw'•'� , �� a 'fY k� •'�1y. �, (+,.,�' J�"�5._,'9�,v' tr,' ~'Y�➢ '9 .. 7 S - s� :,,, ar 7' j`• .�'i.' 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M �' ��, � ,� _��N' � ,•,�„•; ` - - �. a ,. r,_'- $Yf '?te.: p .-� t riT �'R" A, a ''. 3n ."�'? 'aa ��.`. .�:t{�r' ,� ' .y 'i.' , "'. °F's„ ..G•r„ 'I" ���z•t +° .:'+" t�.ii tey, �y,�'� n - rY" k'�J t x • a.' "; ,. r `t J«dtF_ • a ' 7' �� 35 ))�, f ,'•' as cM K ,� �� M 9, u 1 '7 r ii .e.i .} 1 � f I ," ;� ) � ~ 7 ! '�F� i'�• ' ]� lci. �i � �'l � �, It "M ' y mi" tt `,y _ s, - , • _ + 'i ' =ca �'°' e +�t x,,� s �{ i',; i. i �' i�waY �^, A ' , ' S,' ,' r4. g. 'al. � '"i+A.�;... dry �'•i;. r . c � J' ,u' t. t� �'rk . Y ' ,t, �, { _, it •' ' t i -,. ',Ryy, #•��>! 771 � . , �+, ' . ' 1 . - " I a t' ' ' ati . ��"! `r• , ,y t s+{!--; �ra� ��_ . t i R, �• y , r . r ,aa ., ,� C r . ia. • ENGINEERING DEPARTi7EtdT • STREET [� ; w PLAT AND SUBDIVISION FIELD CHECK LIST r.t,'„ 1 Applicant COOVOV I -9r 1fa Field Check By Date 6"74- 7/ STREETS AND ACCESS 1. Right -of -Way: I i G I-A-N Q Vi CV✓ -?a f l I' .36 !'� v �I� r� S Ebx-- (111P /0.4— -2) 4A) 6 S_ 2. Street Type & Condition: Z cm, (-oorr 3. Access /Ea ements: UTILITIES t.r 1. Water Mains:'ijS1 2. Sanitary Sewer Location: by Ji-' JAJ Gf'aWD VVeV C� t). of ?I-*j 4. Assessy�ent- /VOW,- 5. Storm Sewer: U 6. Utility.Easements: ". Septict�D ainffeld Area: fv TOPOGRAPHY -��-tea--- fGAT LOT ARRANGEMENT QV GENERAL COMMENTS -_3.•__-Depth-:- 606 ll✓t- Ca �i��� �A. a9, JAM, OK STREET FILE ENGINEERING REQUIREMENTS FOR COMMERCIAL AND APARTMENT BUILDING PROJECTS Name Convenient Stores (Olympic View Drive & Grandview) Date June 25, 1971 STREETS AND ACCESS 1. Right -of -Way Requirements: No Right-of-way required 2. Road Bed Width: No improvements required except at driveway entrances 3. Turn Around: N/A 4. Sidewalks: None required 5. Parking Strip: N/A 6. Access Easements: None required 1.. Water Mains: None required 2. Fire Hydrants: None required 1. UTILITIES 3. Sewers or Septic Tanks: Connection to sewers required 4. Drainage: Install all necessary storm sewers and drainage facilities per drainage plan and City Standards. Where drainage is across adjacent private property, all parties having, any ownership interest in the lands being developed shall provide, as a restriction on the title running with the land, that the city of Edmonds shall be held harmless .from any and all claims for damages which may be occasioned to adjacent land by reason of the construction and operation of the drainage system, unless, releases of damages and/or drainage easements are obtained from the other property owners affected by said drainage. Any drainage problems created by change of: contour during development must be corrected prior to occupancy permits or release of performance bond." Final approval (or release of bond) will be withheld until actual, drainage as installed has been inspected by -the City Engineer. Engineering Requirements for Comm'1 & Apartment Building Projects - Page 1� - Convenient Stores (Olympic View Dr. & Grandview) 5. Utility Easements: None required 6. Underground Utilities: To be provided in accordance with Ordinance No. 1387. Street lighting, shall also be provided with the necessary street light standards and underground wiring. Street lighting not required. Underground connection required. TOPOGRAPHY 1. Excavation and Grading: Excavation and grading shall conform to the requirements outlined in Chapter 70 of the.Uniform Building Code, latest adopted edition, Vol. 1. Where extensive grading and fill are involved in the development, a grading plan and specifications shall be prepared. QUOTATION FROM THE CITY COUE.REGARDING IMPROVEMENTS ll.02.025(f) Utilities and Street Im rovements. No building permit shall be issued for the construction of any building or structure of any kind or description unless the plans and specifications include the construction for curbs, gutters, sidewalks, paved streets, necessary water lines, sewer lines, and storm drainage necessitated by the new construction or improvement, to be built to applicable City standards, provided, however, if found by the City Engineer to be impractical to construct at the time of application for said building permit, construction may be waived by the City Engineer and in lieu thereof a performance bond filed with said engineer to cover the estimated cost of construction to City standards for said improvements, provided further, in areas zoned single family residential at the time of said application for building., permit in which the applicant has received final approval for a plat or sub -division and has compiled with requirements therein compliance with this subsection shall be deemed by compliance with the sub -division or plat requirements. COMMENTS Rev. April 2, 1971 I � - L�,� Ci Engineer MEMO TO: Conevnient Stores File FROM: Richard H. Allen Assistant City Engineer SUBJECT: STREET FILE 0� November 23, 1971 The Convenient Stores has not met the requirements as outlined to them when they applied for a building permit. The drainage was not installed according to their plan and the driveway openings do not meet City Standards. RHA:mjf ALTERNATIVES ai 5 OLYMPIC -VIEW DR. 30. SCALLE' FRONT PAE)ONC LOT AREA S 135 • 7446 ;Z x s 3 0 = Soo 4-0 7990 SJOG PARKING LOT AQUA 20 k s'3 • 4- A ZZ gr IJ49 a% = rz 7 2 Z 10 001 PLAMTIMG- "W1001) FA66JT PLAIJT,N& AREA 5 x wo #00 72. 'S x 33 165- 637 SIDE PLAMTIU,;- A&CA 4 x 24. 733 OP PILAwrikia eavooso 167ERHATIVE / �••' pEC 140 *?1 0 L YM PIC VIEW DR. 50 FR-ouT PAevoija AaeA % ss x Iss • 74+0 x 30 s' 30 0 1174o 6 %'o _ Gro SIDE PAArwKlG AP_EA & 3 r Z4 IS to —(4 x 9) = 1474 8 % 1 14 738 of Pi.AFJT►u&-. FRopf: PLAojri )& A26A S x TO a ¢oo (p • K IL 7Z 3 x ,L s ZIO L8s 6 SIDO PCAWTIQ& AAG^ : 4 x to 40 4 rc ,3 76 7G 7.59 e7e September 29, 1975 Rex Strickland Company 1300 Olympic View"Drive Edmonds, Washington 98020 Subject: Convenient Store Property Dear Sir: Pursuant to your request relative to ingress and egress to the Convenient Store 'parking area adjacent to O1 is View Drive, we have made an on -site inspection and agree the planter box separating the driveway access is a safaty hazard., Therefore, the planter box may be removed or relocated to the south. If you have any questions, please feel free to contact this office. LRL:rf CONCURRENCE: Harrison, yor leery truly yours, CITY OF EDMONDS LEIF R. LARSON, P.E. City Engineer STREET FILE September 29, 1975 MEMORANDUM TO: Mayor Harve Harrison FROM: Leif R. Larson City Engineer SUBJECT: 8 & H Market -- Center Planter We have investigated the parking lot problem involving the center planter. From a safety standpoint the planter should be removed. A letter has been sent to Mr. Strickland recommending that it be removed. It is strictly on private property. rf It did indicate that Edmonds hies very restrictive ordinance at the present time. Mr. Whitcutt introduoed.Mr. Herbert Chaudiere, noise eoisultant, who wia'in the audience. Mr. Chaudiere made several• general comments and answered questions from council. There was a question with regard to. train noise and train whistles. ,Mr. Chaudiere said that it may be possible for'iadividual communities to restrict the whistling as long as other appropriate safety n measures have been taken. Councilman -Anderson said that the major complaints IN he has heard are with regard to unmuffled cars and motorcycles. There'was•a brief reference to the.convenience store on Olympic View Drive, and Mr. Yhitcutt mentioned that they have until. the 13th of MAY to muffle the vnoise from their compressors and bring the level into compliance with our present ordinance. 'Mr. Cheudiere'oommented .that. perhaps we could.organize a task group to look'into developing, our owni'inodel noise'ordinaice to suit our own particular MOTION: requirements. further die .Following ouesion, itwaa MOVED.BY COUNCILMAN OELIERT AND SECONDED BY COUNCILMAN NELSON TO REFER THIS:MATTER TO THE PLAHMNa COMMISSION. MOTION CARRIED. .PROPOSED RESOLUTION FOR VACATION OF PORTION OF 818T RN THROUGH SIERRA PARK SM MOTION: COUNCILMAN'NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO. PASS RESOLUTION SETTING ,4300 MAY 7; 197�►, 7:30.P.M: AS'.THE •TIME FUR HEARING THE PETITION TO VACATE A PORTION OF 81ST WW THRO60H,SIERRA PARK. MOTION CARRIED. ll // AUTHORITY MR SNOHOMISH COUNTY,,TO PLAN FOR SOLID WASTE DISPOSAL FACILITIES FOR CITY OF EDAONDS. MOTION• /��UNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN OELLERT TO PASS RESOLUTION / #301 AUTiiORIZINO SNOHOMISH COUNTY to PREPARE A PLAN`FUR THE CITY'S.SOLID 1/ WASTE MANAGEMENT MR INCLUSION IN THE SNOHOMISH COUNTY PLAN. NOTION CARRIED. CLAIMS FOR DAMAGES. CICuncil acknowledged receipt of.Claims for Damages from Steven W. bring and O ""chard and Ruth Whiteside. They were referred to the City Clerk for processing. ADJOURNMENT With no further business to come before council, the meeting was adjoi.irned at 9:10 P.M. rr�rrrrrrrrrrr T „7 r 1 {'" )MONDS C CIL MEETING MINUTES ST.tET' FILE J6UARY 22, 1974 Counoilman Nordquist'inquired if City Engineer, Leif Larson, had contacted {, Commissioner Forsgren regarding the widths of the roadway on the 220th Project. Mr. Larson said that he'had done so. Councilman Nordquist then asked for clarification of the date for receiving proposals on the Mayor's office furniture. Jack Cooper,.Purchasing Agent, 1.; answered that these would be accepted up to January 29th and reported on at the Council Work Meeting that night. Councilman'Nordquist stated; that lie thought the minutes of the City Council Meetings and the lane g p in Commission Meetings should be'taped in their entirety, and that these tapes be kept on file for a period of two years. He then made a motion that from this point'on both the Planrl.i.ng Commission and C.i.ty Council Meetings be committed tortapes. Councilwoman Shippen seconded. Councilman Gellert asked.if the various;other.Boards and Commissions should also be taped. This was not thought to be an urgent consideration at this time. Councilman Welling.suggested that the contents of the tapes be indexed, so that it would + not'be necessary to, scan.the,complete tape in order to locate a particular item. There was council,concurrerice•on this point. The question was asked if the tapes could be admissible'as evidence.in a court of law. Attorney Wallace said that they could be.'.if.they were properly certii'ied. The motion was then voted upon and•,passed unanimously. Councilwoman Shippen said'.that.she,thought the $10,000 to update the Municipal "•';` Code'should be reinstated into the City Attorney's budget for this purpose. She feels that in light of recent happenings it is more critical than it was at the time. of the budget discussions.' She then made a motion to this effect. Councilman Nelson pointed out.that the 1974 Budget had been passed unanimously and 'that he thought this should be taken up at a later time for discl.lssion. Mrs; .Shippen then said she would withdraw her motion and re -state it setting a hearing date. .Councilwoman Shippen then moved that consideration of re- instating $10 000 into the City Attorne 's bud et for updating the MunicipalCoNe e d scussed at -the ebruaF 5th council meeting, along with determination .:. of w 'here the funds will come from. Councilman Gellert seconded. Methods for ' accomplishing this task werediscussed at length. Councilman Nelson moved to. amend .the`main motion to allow the city staff to provide to the council those areas that would be su ject.to revision and thereby allow the council to judge exactlyhow much.--moneywould be needed if anadditional to revise our ode rather than having a blanket 510,OOU which has been asked for. Councilman e ing seconded the amendment. The amendment was voted upon and carried with '. Councilwoman Shippen voting against. The main motion as amended then carried I. unanimously. Mayor,Harrison stated that another member for the Board of Appeals is needed. Jack McLellan's teen har-, expired and he is no longer a resident of. the City of Edmonds. "He asked _for .council confirmation for Wade James to be seated -on this ,Board. A moti-on,was made by Councilman Nelson and seconded by Councilman Winters : to confirm the appoiritment.of Wade James to the Board of Appeals.+ Discussion followed regarding Mr. James' building on Main Street and alleged parking violations; etc.', Councilman Nelson stated that based upon some of the facts nought out in tiioldiscussion:he.would like to st ore action"on his motion to a time certain, namely January 29th. lie then stated this in a tedorm o a ' motion which was ��g n seconded y ,ouncilman Winters. Motion was voted upon ,•, and' carried. AUDIENCE PARTICIPATION. } Jim Mueller reported on noise level raadings he- taken on:the property line The readings were eeparating'the Convenience .More and"the Cunningham home. in excess'of the acceptablef;sound'pollution level. -Deputy City'Attorney, John Wallace stated that lie had written.`'a letter to all parties concerned earlier today wherein. he.says that this issue has been litigated, and the installation as. it was in and approved,' complies with the code. He said that only if .' +'+ there is a new violation can proceedings be had on this matter and this would �,. ,e. e*S 0� EDMONDS JUNCIL MEETING MINUTES JANUARY 22, 1974 -3- /tail some charge in that installation, maybe some new equipment, perhaps removal of some of the sound reducing devicf3 that had previously been put on there, etc. Ward Phillips thought a charge in circumstances has taken place and thought remedial action should be taken. Following more discussion, a motion was made by Councilman Nelson to instruct the Building Department to investi ate the premises and determine if there has been any change to substantiate the readings By Prof. Mueller «nd bring those particular inves- ' ations t0 the attention of the City Attorney s0 hat the counci can make fan ade uate determination an this repor should ready y nextweek. fan Wordquist seconded the motion. Jane Cunningham, who was in the audience, stated that she would ask that no one go on her property without permission from her or Mr. Cunningham and that the noise level readings be taken along the store property line. Harry Whitcutt, Building Official, stated that this would pose a problem since the fence is not on the property line and the code says that you must take readings on the property line, and therefore they must be taken from the west side. Mr. Whitcutt asked Mrs. Cunningham if the City did not have permission to go onto her property? She replied that she was too angry right now and the answer is no; and that he will have to go on the store owner's property. Jim Mueller suggested that if further measurements are to be made, that they be made in other areas other than ground level at the property line. There was further discussion, and during that time Mr. Cunningham said that if Mr. Whitcutt and an expert in testing for noise pollution were to come to his door and ask for permission to take readings on his property he would grant thatpermission. Co` �nci wo' oman Shippen t en ameiideg the motion to authorize the Building Ins'pector to retain an acoustical engineer and that the report come from a qualified testing laboratory. Counci an Nordquist seconded the amendment, w ic. was voted upon and carried. he main motion as amended also carried. Mr. William Gear presented'the City Clerk with petitions signed by owners of property suffering from storm water problems in vicinity of Walnut, west of 7th and east of 6th. The City Engineer is to report on this matter on the 29th of� • Mr. Ed Robinson mentioned that at the last council meeting it was determined that he City Attorney was to file an injunction on the Harbor Building and he asked V if he could have a report on the matter as of today. Attorney Wallace stated that he has requested that there be an executive session so that lie may report the reculta of his research and his analysis of the problemv that arise ender such a lawsuit to the council prior to instituting the action. There was a brief discussion on the measurements taken of the building height. Jim Mueller suggested a possible moratorium of 30 to 60 days for the acceptance of applicationr3 for building permits until this matter 4.s resolved. Attorney Wallace said there is precedent for such action. Pat Crawford, 15824 - 75th Place West, said that Laebugten Wharf is virtually in his front yard and that he is concerned with wliat will happen with regard to this project and war; pleased that the council is considering moving swiftly to establish the Ameuitier, Design Board criteria. Ile also favored a moratorium for issuance of building permits. There was some discussion regarding Laebugten Wharf. It was pointed out that they have their Shorelines Permit, but have not yet applied for their building permit. Councilman Welling made a motion seconded by Councilwoman Shippen that the City of Edmonds adopt a resolution declaring a moratorium on accepting for filing any building permits in the City of Edmonds except those applied for in single-family residential areas for a period starting instantly and terminating March 1, 1974, or upon the effective date of the proposed Amenities Design Board Ordinance Amendment, whichever first occurs. Harry Sherman asked if this meant remodeling also, and that he was concerned with the work being done at the Senior Center. Ward Phillips upoke in favor of a moratorium. Warren Murphy, 22919 - 100th West asked what happens to the builder that has made application and is almost ready to proceed. Attorney Wallace said that his rights relate back to the date of application, and that the items of the codes, of Edmonds that must be met are fixed as oi' tiiat dote under State Law. .....,A.LTERNATIVE STREETr 14o �. DRIVEWAY. R - N.. N - G, No M 5 3o' O LY M P I C-' VIEW DR. . 3o sc/�LE .FRONT PA1zkIMG LOT AREA : SS'>< 136 = . 7440 >A K 5 30 S x 30 so SIOE PARKING LOT Al2.6A 20 x 's 3 = 1 060 AT 1149 722 off' Pu►�rrING RCgWRrD FA6IvT {' PLAUTIN& AWA s, S x to 400 G K 12. 72 .. •` S r 33 IbS 637 S166 'PLA NT.I WG A&VA t 4 x 24 = 96 733 - .op Pl.ANTIAIG ezamDEO _ i STREET FILE EDMONDS BOARD OF ADJUSTMENT Regular Meeting November 22, 1971 The November meeting of the Edmonds Board of Adjustment was called to order by the Chairman, Calvin Thompson at 8:00 P.M. at the Civic Center Council Chambers. About 30 people were in the audience. ROLL CALL PRESENT ABSENT Malden Jacobson John McGibbon Calvin Thompson Sam Felton Bennett Box Ann Rutter Staff George C. Grant Merlin Logan, City Planner Harry WhitcutfOuilding Official Petie Hendrick, Secretary Roll call indicated there was a quorum. There no corrections or additions to the minutes and they were approved as posted and mailed to theNBoard Members. Mr. Logan instructed recipients of variance and conditional use permits. He informed the Board that a reason must be given for approval or disapproval of variance actions. Mr. Thompson informed the audience of the hearing procedure. V-20-71 Wade H. James, architect for the Convenient Store at 1300 Olympic View Drive, Variance to locate the required parking lot landscaping on the street right-of-way. ON Zone) Bennett Box asked to disqualify himself because of a possible eonflic* pf interest. Mr. Logan showed the site plans of Convenient Stores, beginning with the original plan to the revised plan that was given to him at this meeting by Mr. James. Mr. Logan explained to the Board and the audience that the only thing the Board would be acting on would be the location of the planting areas. Mr. Logan said that originally the owner of the property and the City thought the property line was 12 feet west of it's actual location. In 1951, when the property was still in the County, 12 feet. of right-of-way was vacated and given to the owner of the property. It is 38 feet from the pavement on Olympic View Drive to the edge of the applicants property, and they were requesting to move their planting area eastward 18 feet. Mr. Logan said the Engineering Department did not like the original idea of having the plant- ing areas 20 feet from the edge of the pavement and requested Mr. James to move the planting areas to 29 feet from the pavement. The new drawing Mr. James presented showed the planting areas 29 feet from the right-of-way./ City Codes regulate the openings so the concern of the Board is the planting areas. Mr. Logan said there were other aspects to this development which must be worked out, such as drainage, but these do not concern the Board. Mr. Logan said he had several questions con- cerning the planting areas. What would happen if the Board allowed the planting in the public right-of-way and later the right-of-way was to be used by the City. The planting beds would have to be removed and by what authority would the City require the developer to re -install the planters on his own property? A performance bond is frequently required to quarantee some types of improvements, but such bonds could not logically be used for an indefinite period of time such as this might be. Mr. Logan said there are no definite plans for widening the street or whether the plant- ing beds would have to be removed. He said he had been informed by the neighbors that the school buses use this area for picking up children. With the widening of the street and with the planting beds back on the owners property there would still be plenty of area for the buses to stop. Mr. Logan said the site plan originally had provided for the required number of parking spaces with a minimum of manuever- ing area, but with the additional 12 feet of property the area for parking and manuevering was now generous. Mr. Logan recommended denial of the application. Mr. Wade James, architect for Convenient Stores was in the audience and stated that the request to place the planting bes in the public right-of-way was to lessen the unimproved space in front of the store. Mr. James said there would be approximately zi /Nl�'VI OFED14CNDS A. C.:TION TO BOARD OF .ADTUS'' iT M File-."icONDOS, WASHINGTON FOR VARIANCE n. , 'Date G - FROM REQUIREE?jENTS OF ZONING C,ROIN, ANCE .- Tee. _ G2b.00 Rect. No.:.!0 79__..._ (Please refer to Official Zoning Ordinance, City of Hearing Date Edmonds, with special reference to Chapter 12.16, Administration. Note Standards and Criteria on Page 2 of this application. Copies'of Ordinance available at STREETPlanning Department or Public Library.) FILE APPLICANT: G rl . JAMIC-S ADDRESS: 15- MAMI PHONES 12U 114, Indicate type or degree of interest in the property: 17L2 OWNER:efGhJ-rm, n p MESS: 1.�d�1338� ga&w 011M 2-161 LOCATION OF PROPERTY (ADD 8): LEGAL DESCRIPTION OF PROPERTY t_mQ-'1 r. - - -' - i . r.�. wr�.•�ri�w.�rrrrrin..rrr.�.� .r..rr�r� iirwr�rwr��rw w rrrr��i _..LEGAL PESCRIPTIO!!i...CfiEC=. & AWVED ....... _. E YANE�-~ By Planning Dept. ZONING ORDINANCE UI NT:_"Op2gag 1 kl(o L N P&QU Ora 1.-0- 'T .ter, r ■� ri.r.rrr .wrr� - .rr��irr ir.rr�.e•-r ..r VARI ;NC.: REQUESTED: STATDMT CF CONDITIONS AND R„ASONS FOR Ri QUOST, I11 ACCORDANCE WITH STMID.0.R, A0,77 SK7TCR: Show below or attach a Vicinity Sketch of -the area per example on reverse side. Sho;� also a plot 'plan, of the subject property, i�cdicat' : �, e21 buildings (existing and proposed), setbacks (existing and proposed), and adja.:cnt streets. Plot plan eb+U be drawn to an indicated scale. Indicate north on both sketches. If sketches ase attachod, lease suubbril nine ao es. 1, -2- AUDIENCE PARTICIPATION DMONDS COUNCIL MEETING MINUTES ANUARY 15, 1974 Wi.11iam Gear, 633 Walnut, advised council that he had a petition signed by 43 homeowners in the area bordered by Walnut Street west of 7th and east of 6th, who were suffering from water problems caused by the city's storm water system, and they were asking for action by the city for relief from this water accumulation. Mayor Harrison referred the question to City Engineer Leif Larson, who explained .that this was a problem due to lines plugging up with debris over the years and new storm sewer to remedy this would be necessary. Most of the problem is in these low areas. Mr. Gear requested some action be taken on the petition. He noted that as an engineer, he was at a loss to suggest any solution, but as a homeowner, he was frustrated with the problem. Engineer Larson advised council that he would make an evaluation of the storm sewer there and report back to council. Helen Lambe, 624 Alder, also stated that she had a veritable lake in her yard -.and water overflow. A motion was made by Councilman Nordquist, seconded by Councilwoman Shippen to accept the petition and instruct the City Engineer to report back to council on this problem by January 29. Motion carried. Mrs. Cunningham, Grandview Street, again brought to council attention the noise problem at her home. This noise originates from the compressor system at the neighborhood convenience store. Jim Mueller stated that he had taken a noise meter, and found that the decibel level was 42, and the Code al lows: a 40 level. Mrs. Cunningham told council that she had spent $1050 to date on court proceedings, etc. but the court did not rule on the noise violations. She asked if council could have the city executive officers do something about this noise factor. Jim Mueller exlained the decibel scale and advised that a reading of 42 is 52% over the 40 level reading. He then showed council the noise meter he used, and demonstrated it, noting that the City Engineer could perform this duty rather than the city having to -hire someone. If the City Engineer cannot, Mr. Mueller said he would be glad to offer his services. He .went on to state that the Code all;ows 40 decibels between 11:30 P.M. and 6:00 A.M.:,--and allows up to 60 decibels at other times. Councilman Winters suggested the compressor equipment at the store could be re- located, and Mrs. Cunningham said she felt all this should have been wholly con- tained in the building. -In regard to the A, B, and C scale on the noise meter, Joe Wallis asked Jim Mueller to'comment on this as it would apply to our code. The answer was that the city would have to specify A, B, or C level for the decibel reading, and this would need further study. Councilman Welling said there was need to go over this area of the code and specify the levels of decibels and the scale to be used. There=was a great deal,of discussion on the problem of noise levels, the code, and who would enforce it, and how to get relief for the Cunninghams. City Attorney Wallace advised council that in December of 1972, the Board of Adjustment found that the -owners of the store were in compliance with the code. There followed discussion on the location from which the noise level was taken, behind the fence on the Cunningham property. City Attorney Wallace then advised council that there was no way for this matter to be brought before council for a hearing, and that state law sets the process. Mr. Cunningham.spoke on the csituation up to this point and stated they were not going"to stop, but would con- tinue to pursue the problem. Building'Official Whitcutt said he would ask for the hiring of an expert to take the noise level. Jim Mueller said this was not necessary, and could be done by the Engineer, or he himself would offer to do it. Council members were in agreement that something should be done to resolve this problem. Harry Whitcutt requested council consider study of the existing ordinances and review and restudy that area of the Code. Ward Phillips stated that if a property owner believes there is violation of an ordinance, the City should find out and then enforce the ordinance to protect the citizen. It was thought that the store in question could now be in violation and the City Building Department would investigate following registration of a complaint with that department. Mayor Harrison said the city would accept the offer of Jim Mueller to make the noise level readings and submit these with the Cunningham's complaint to the Building Department.