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7833 196TH ST SW.pdfw CITY OF EDMONDS 250 5th AVE. N. • EDMONDS, WASHINGTON 98020 • (206) 771.3202 r COMMUNITY SERVICES September 17, 1987 Robert Midkiff 20001 76th West Lynnwood, WA 98036 RE: Proposed Automobile Repair Business Dear Bob: I have reviewed your inquiry about allowing a engine repair business in the rear building at 7835 196th St. S.W. As you are aware, the City L. granted you a conditional use permit to extend the nonconforming commercial uses for a five year period, under file 1#CU-50-85, The City's concern with the proposed business is the possible expansion of the commercial uses outside the existing buildings, The City will allow the proposed automobile repair business subject to the following conditions: 1. No outside storage of customer vehicles. 2. No outside storage of equipment or automobile parts. j r 3. No outside repair of automobiles shall be allowed. All work shall take place within the building. 4. No painting or body repair shall be allowed. 5. Comply with all building and fire department requirements for occupancy of the building. These conditions will insure that the commercial uses do not expand outside the buildings. Such an expansion could adversely impact the surrounding residential neighborhood. Failure to comply with these conditions could result in revocation of your conditional use permit. If you have any questions regarding this matter, please call me at 771-3202, ext. 254. Sinc rely, 11 . i v Duane V. wman Assistant City Planner PUBLIC WORKS PLANNING • PARKS AND RECREATION ENGINEERING li & r ,i. ft • PARKS AND RECREATION ENGINEERING li & ?I t < CITY OF EDMONDS File No 50 -[ EDMONDS . WASHINGTON Date/t5 Fee ��50.c�C> QSCx�.caC> APPLICATION TO HEARING EXAMINER APO'S_ V FOR CONDITIONAL USE PERMIT Rect. No. 44 :!moi x4435 HEARING DATE 11)()t3_ ?L hi85 APPLICANT Robert C. Midklff ADDRESS20001 76th WP 89 4 771-6039 Indicate type or degree of interest in the property:Contract purchaser OWNERE C. Collier ADDRESS16912 - 9th SE ., 8 743-3286 : , -- _ � LOCATION OF PORPERTY{ADDRESS} 7833 & 7835 196th SW LEGAL DESCRIPTION OF PROPERTY See attached—note both pieces of property are ajoining and will be considered as one piece in To be completed by the Planning Division: Use Zone /R/7-) 7_9 Legal description checked and approved by: Date: VICINITY SKETCH: PLEASE SHOW BELOW A VICINITY SKETCH AS PER EXAMPLE, INDICAING NORTH, Example: i 3 3 � N fs�3i6J1TGT °a a orf r 9 4 S. CONDITIONAL USE REQUESTED: n extension of the present non-confor ing use to continue the present commercial use i. DETAILS OF PROPOSED USAGE:p Ora ar iQdef G ..years m.,n e t s to be similar to those now in buildings. The condition use permit is to 5e transterable to allow a smooth sale of the property to a n-wnpr wi tl^t t'hr� mnnra-,T +o bia i 3 d the ef"a ; y bu id; ngs the c ` v � nature or Applicant, Owner or contract purchaser Representative RELEASE/HOLD HARMLESS AGREEMENT The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release, indemnifv, defend and hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable attorneys' fees, arising from anv action or inaction of the City whenever such 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 €'inspection and posting attendant to this appli t' ontract purchas50- ignature or Applicant, Owner or Representative 17771 Lied FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: CU -50-85 OF ROBERT MIDKIFF FOR AN EXTENDED AMORTIZATION OF A NONCONFORMING USE DECISION: The request is granted. INTRODUCTION Robert Midkiff, 20001 76th Street West, Lynnwood, Washington, 98036, and hereinafter referred to as Applicant, has requested approval of an extended amortization of a nonconforming use on property that is located at 7833 and 7835 196th Street S.W., in the City of Edmonds, Washington. The property is a nonconforming commercial use that is located in an RM -2.4 zone and an RS zone. Section 17.40.010(C) of the Edmonds Community Development Code (ECDC) requires that any nonresidential Use located in a residential zone district shall be discontinued within 15 years after the use first became nonconforming. A commercial use of the subject pro- perty first became nonconforming in 1971. The Applicant, pursuant to Section 17.40.010(E) of the ECDC,requested an extended amortiza- tion in order to continue the nonconforming use. A hearing on the request was held before the Hearing Examiner of the City of Edmonds on January 2, 1986. At the hearing the following presented testimony and evidence: Duane Bowman Robert Midkiff Planning Dept. 20001 76th West City of Edmonds Lynnwood, WA 98036 Edmonds, WA 98020 Mark Bennett Shirley DeFouse 406 Main Street 23509 Edmonds Way. Edmonds, WA 98020 Edmonds, WA 98020 (Spelling of name Sam McGill unintelligible.) 7826 193rd Place S.W. Edmonds, WA 98020 At the hearing the following exhibits were submitted and admitted as part of the official record of these proceedings: Exhibit A - Economic Facts on Buildings B - Original Contract between Applicant and the Predecessor in Interest C - Original Letter from City allowing the Nonconforming Use It D - First Appraisal go E - Shepherd Letter it F - Second Appraisal ti G - Utility Easement Findings and Decr ion of the Hearing Examiner of the City of Edmonds Re: CU -50-85 Page 2 Exhibit H - Demolition Bids I - Letter to Snohomish County " J - Tax Work Sheet " K - Petition L - Letter from City of Edmonds setting date of Abatement " M - Comments from Owners of the Property " N - Bowman Report " 0 - Brooks Appraisal After due consideration of the evidence presented by the Applicant; evidence elicited during the public hearing; and, as a result of the personal inspection of the subject property and surrounding areas by the Hearing Examiner, the following Findings of Fact and Conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS OF FACT 1. The Applicant is the owner of property. located at 7833 and 7835 196th Street S.W., Edmonds; Washington. This pro- perty is partially zoned RM -2.4 and RS -8. The present com- mercial use existing on the property is a nonconforming use. (Bowman testimony and Staff report.) 2. In 1971 the City of Edmonds passed Ordinance 1550 that j established a 15 -year period in which nonconforming com- mercial uses in residential zones had to cease operation. The ordinance which was codified as Section 17.40.010(C) of the ECDC also allows the abatement period to be extended with certain procedures. One of those procedures is an application for the extended amortization application that the Applicant has submitted., (ECDC.) 3. On July 25, 1985, the Planning Director of the City of Edmonds gave notice to the Applicant of the expiration of the nonconforming use upon the subject property. The expiration date was set for March 3, 1986. (Exhibit L.) 4. On November 18, 1985, the Applicant requested an extended amortization period for the nonconforming use on the subject property. It is this request that is the subject of these findings. (Application for extension.) 5. Section 17.40.010(E) of the ECDC sets forth the procedure to be followed.for an extended amortization application. The application is to be processed in the same manner as a conditional use permit. The guidelines for allowing the extension are as follows: Section 17.40.010(E). The Hearing Examiner shall base his decision on the data contained in the economic analysis, plus other information introduced at the hearing, including information on the significance of the use's,incompatibility Findings and Decin of the Hearing Examiner of the City of Edmonds Re: CU-50-85 Page 3 with nearby residents or property. (ECDC.) 6. The City of Edmonds retained an economic consultant to pro- vide analysis of what amortization period would be reasonable in terms of the particular use and the owner's investments. The report of B. Saunders Brooks was admitted as Exhibit 0 at the hearing. In the report Mr. Brooks analyzed the use of the property, the location of the property, the condition of the structures on the property, the impact of the property on other properties in the vicinity and the uses of other properties in the vicinity. Irr the analysis Mr. Brooks submitted: In summary, based on an assumption that all of the sur- rounding property owners immediately adjacent to the subject property would approve a request for an extension of the nonconforming use for five years beyond May 3, 1986, along with an analysis of other market data study, it is the analyst's opinion that an extension of the subject non- conforming use for an additional amortization period of five years would be both reasonable and economically feasible. This would allow the subject property owner to recover a major portion of the unamortized investment in the subject improvements. (Exhibit 0.) 7. The Applicant submitted that it is his intent to set up a tax structure for the amortization of the improvements on the property for an additional five years. (Midkiff testimony.) S. If allowed to extend the amortization of the subject property, and therefore extend the nonconforming use, the Applicant will provide buildings for needed jobs within the City of Edmonds, parking for adjacent properties and other benefits to the community. (Applicant's testimony.) 9. The Applicant submitted that he is sensitive to neighborhood needs and in the past has provided a compatible relationship with neighboring properties. included in his endeavors have been efforts to remove noisy motorcycles in the vicinity; the allowance of fire trucks to use his property in order to pro- vide service to adjoining properties; the allowance of the Fire Department to dismantle his fence in order to access adjoining properties; the allowance of dumpsters on his pro- perty for the benefit of the adjoining neighbors; the allow- ance of parking on his propertyl and the assistance in alleviating water problems for neighboring properties. (Applicant's testimony.) 10. The owner of the contract of which the property is being purchased submitted that the extension for the amortization should be allowed because it results in the best use of the property, y, and it allows for the continued use of the property. Findings and Decision of the Hearing Examiner of the City of Edmonds Re: CU -50-85 Page 4 To remove the nonconforming status, according to the owner's spokesman, would result in a down zone of the property and a hardship to the owner of the property and to the Applicant. (Bennett testimony.) 11. An employee of one of the businesses located on the property submitted that to eliminate the nonconforming status and to deny the amortization extension would be disruptive to the wholesale fire alarm business located on site. This would be disruptive to the customers'and to the City of Edmonds because the City Fire Department utilizes materials from this shop. (DeFouse testimony.) 12. An adjoining property owner submitted that the Applicant has been a good neighbor who has allowed special access to the witness's property in order to make necessary improve- ments. (McGill testimony.) 13. No adverse testimony was received in this matter. 14. The Applicant submitted petitions in support of the five- year amortization as requested. The petitions were signed by adjoining property owners and others in the neighborhood. (Exhibit K.) 15. The Planning Department of the City of Edmonds submitted: The Staff has reviewed the application and the report of the Economic Consultant. Staff concurs with the recom- mendation of the consultant that the amortization period be extended for a period not to exceed five years. r (Exhibit N.) CONCLUSIONS 1. The application is for an extended amortization to allow a nonconforming use.to exist beyond May 6, 1986, deadline as imposed by the City of Edmonds. 2. The subject property is nonconforming. In 1971 the City of Edmonds passed an ordinance that was later codified in Section 17.40.010(C). This ordinance required that nonconformance be discontinued within 15 years after the use first becomes nonconforming. Because the property is nonconforming in that it is a commercial use in a resi- dential zone, the Applicant is faced with the May deadline. 3. The criteria for review of this matter are set forth in Section 17.40.010(E) of the ECDC. These criteria have been studied and the application for the amortization extension satisfies these criteria. Findings and Decision of the Hearing Examiner of the City of Edmonds Re: CU -50-85 Page 5 4. The economic analysis of Saunders Brooks, an analyst hired by the City of Edmonds, has been reviewed. In the analysis Mr. Brooks adequately reviewed the use of the property, the value of the property and the effect of amortization on the property. Based upon the analysis of Mr. Brooks it is ap- parent that an amortization extension for five years is reasonable and economically feasible for the property. 5. Although the use of the subject property is a commercial use it appears to be compatible with residential uses in the area. From testimony received of witnesses, other than the Applicant, and from submittals of adjoining property owners, it appears that the Applicant has not impacted the neighbor- hood with the commercial use, but in fact has added to the benefit of the neighborhood. In addition, from testimony of the Applicant, it appears that he has been a good neighbor and has been concerned with the needs of the adjoining pro- perty owners. 6. The Planning Department of the City of Edmonds recommended approval of the extension. DECISION Based upon the preceding Findings of Fact and Conclusions; the testimony and evidence submitted at the public hearing; and, upon the impressions of the Hearing Examiner at a site view, it is here- by ordered that the Applicant be allowed an extension of the amorti- zation period for the property located at 7833 and 7835 196th Street S.W., Edmonds, Washington. The extended amortization period is not to exceed five years. The nonconforming commercial uses may continue for five years on the property located at 7833 and 7835 196th Street S.W., Edmonds, Washington. Entered this 16th day of January, 1986, pursuant tothe authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. (�ES M. DRISCOLL Hlari I ng Examiner NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington, 98020, within four- teen (14) days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on January 30, 1986. B. SAUNDERS BROOKS, M.A.I.: �k j - REAL ESTATE APPRAISALS-CON5ULTATION k s - 706 MEDICAL -DENTAL BUILDING ` 2722 COLBYAVENUE: r" R f EVERETT. WASHINGTON 98201 r (206) 252.5224 yA� December 27, 1985 City of Edmonds, # Community Services 250 - 5th Avenue N. Edmonds, WA 98020 € Attention: Duane V.Bowman t. Assistant City Planner A. Re: Extended Amortization For Nonconforming Commercial"Use Property Located at 7833-35 196th Street Southwest, Edmonds, Washington" (Robert C. Mi`dkiff et, ux.) 3N Dear Mr. Bowman: as As requested, a personal inspection has been made of the above referenced property, together with a study of current market data, for the purpose�of providing an economic analysis for a proposed extended amortization period' of nonconforming use for the above'captioned.property. This proposed extended amortization period is in accordance with . provisions of Section 17.40.010 of the City of Edmonds Community `3 Development Code. As noted in the Code, the purpose af'"Chapter 17:40 is to allow -certain nonconforming us es,,buildings and -lots to continue-whi"le' -a: prohibiting further nonconformity. Other nonconforming uses, buildings, -5 signs, and lots, which are declared to be nuisances, are required to be eliminated. a; { S inspected the subject property on December 18, 1985 irr the company'of j Mr. Robert C. Midkiff, the property owner. At that time Mr.Midkiff- furnished additional verbal information concerning the subject property, " along with a copy of a petition to the.City.of Edmonds for an'extension of the existing nonconforming use, which was signed by adjoining property, owners. The subject property is briefly identified as follows: 711 Property Address: ;{ 7833-35 196th Street S.W. Edmonds, Washington. ' Legal description: The subject property.includes two contiguous tax.parcels which are legally rS ? described as follows: {f Taxa� rcel #182704-4-043-0006 (Parcel A) - The East one-half of the Southwest quarter of the Southeast quarter :of the " x; Southeast quarter, less the East 186 feet thereof and EXCEPT 196th Street 7 Southwest, in Section 18, Township 27 North, Range, 4 East, W`.M. a MEMBER: AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS " - 4 9 J 1sa1%nr„ xx t^-V.l. Y%LeYtMumwkd/�i' : Sg B. SAUNDERS BROOKS, M.A.I. Tax parcel #182704-4-044-0005 Parcel B): MM Ilk The North 300 feet of the East 66 feet of the West one-half of ;the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 27.North, Range 4 East, W.M. ='r All situate in the City of Edmonds, County of Snohomish, State'of Washington. ,A r Land size: p Parcel A... (Tax parcel #182704-4-043-0006)... 2.01+- acres. Parcel B...(Tax parcel #182704-4-044-0005)... .45+-'acres. A site sketch showing the approximate land dimensions is attached to this report. is Building improvements: South Building: Two story masonry office/warehouse/distribution building; which encompasses approximately 3,200 square feet on the ground floor and:2;160 square feet on the second floor. These improvements were built in 1956, reportedly. The second floor of this building is partially finished, including rough-in plumbing and electrical. The ground floor is utilized ` for multi-tenancy office/warehouse/distributionuse. Current tenancies in this building include Absco Alarms,, 'Inc. on a three year lease, which expires December 31, 1985; and Alaska_ Beachcombers Smoked Fish Company on a month-to-month tenancy. The Absco lease is at the rate of $650.00 month, with the owner/lessor responsible for maintenance of the roof, walls and foundation only. This tenantts taxes and insurance charges are prorated at 14% of the total taxes and insurance for the subject property. The Alaska Beachcomber's rental is at the rate of $220.00 per month, on a gross lease basis. North Building: These improvements include a two story masonry office/warehouse/shop building which encompasses a gross area of approximately 9,000 square feet, including 8,000 square feet on the ground floor and 1,000 square feet on the second floor. The original improvements were built in 1961, reportedly, with an addition made in 1963. Approximately 3,000 square feet of the ground floor space is leased to a cabinet maker at $1,000 per month and approximately 250 square feet which is located in the southeast corner of this building, is leased to another tenant at $250.00 per month. This space includes one private carpeted office and adjoining storage area. This leaves the balance of the ground floor space available for rent, along with the second story office space. The owner is asking $.30 per square foot monthly for the balance of the leasable area. However, it is obvious that the space could be rented on a month-to-month tenancy only, until such time as an extension of the existing nonconforming use may be approved. (2) B. SAUNDERS BROOKS, M.A.I. , Past maintenance on these improvements appears to have been average andk� "on the improvements are in fair to average condition. The roof the building located on The South and the front part of the roof the ,r ,on building located on The North were resurfaced about two year's ago, ;¢ according to the owner. w Zoning: Parcel A: RM -2.4 Multi -Residential for South 144' x 310' and RS -8 i Single -Family Residential for North 144' x 300' Parcel B: RS -8 Single -Family Residential Both zoning classifications are in accordance with the Community Development Code of the City of Edmonds. Utilities: The subject property is served by all public utilities, including sewer and water by the `City of Edmonds, electricity by the Snohomish`'County PUD #1, natural gas by Washington Natural Gas Company, telephone serviceiby General Telephone Company of the Northwest, and rubbish service by contract with private carriers.. Tax Data for 1985: a ASSESSED VALUE n P Tax Parcel # Land Improvements Total Taxes. 182704-4-043-0006 $160,570 $84,000 $244,570 $21253:71 jA 182704-4-044-0005 $ 13,500 -0- $13,500 $ 124.40 As noted, all of the improvements are assessed under Tax Parcel No. 182704-4-043-0006, (Parcel A), In accordance with provision 17.40.020 (C) of the City of Edmonds Community Development Code, the value of nonconforming buildings is a fair market value, as determined from the most recent assessement by the Snohomish County Tax Assessor. Therefore,, for purposes of this report, the subject property value is based -on the current assessed value, as established by the Snohomish Gounty'Tax Assessor for 1985. However, it should be noted, that the assessed :? valuation for the subject improvements is relatively low, as influenced by the relatively short remaining economic life of these improvements, because of the property's nonconforming use status. Regional/City Data: As the client is.familiar with this data, it is omitted ,from this report. i However, it should be noted that the economic trend in the City of Edmonds is upward currently and real estate values are projected to increase ata modest rate in the forseeable future. Analysis, Summary & Recommendation: Section 17.40.010, Paragraph A of the Edmonds Community Development:Code defines nonconforming use as one which was once allowed:by applicable land, use regulations, but is no longer allowed, due to the passage or later change of this zoning ordinance and where applicable its predecessor. r (3) S A°� B. SAUNDERS BROOKS, M.A.I. Legally nonconforming use is further defined as: "A use that was lawfully established and maintained, but no longer conforms to the use regulations of the zone in which it is located because of the subsequent change in a` zoning ordinance; a legally nonconforming building or portion of a building constitutes a nonconforming use of the land on which it is located; generally precludes additions or changes without municipal approval." 1 1. The Dictionary of Real Estate Appraisal (Chicago, Illinois; American Institute of Real Estate Appraisers, 1984, Page 180) As noted, the subject improvements were built in 1956 and 1961,_prior 'to annexation of the subject land by the City of Edmonds, on August 1,-1963, in accordance with City of Edmonds Ordinance No. 1004. Subsequently, the City of Edmonds passed Ordinance No. 1550 in 1971, which established a 15 year period during which nonconforming commercial uses in< c residential zones would have to cease operation. The end of .that 15 year period is May 3, 1986. In accordance with the Community Development Code, the City may consider extending this 15 year deadline under the provisions outlined in Section 17.40.010 (E) of the code. A letter of invitation to apply for Extended Amortization was sent to Mr. Midkiff on July 25, 1985 by the City Planning Director. Mr. Midkiff has complied with the requirements for this application, reportedly. He has also secured signatures from the adjoining property owners to petition the city to permit the nonconforming use for a period of sixty months beyond the present deadline of May 3, 1986. The City of Edmonds Comprehensive Policy Plan Map which was adopted in 1976, designates the subject property as high density residential use along the south side fronting along 196th Street S.W. and low density residential use along the north side parcel of the property.- This is in accordance with other land uses along both sides of 196th Street S.W., in the same block as the subject property. Property uses for the majority of the surrounding properties include multi -family apartments and condominium units. Several single-family residential properties abut the subject property, including three parcels on the north side and what appears to be two properties on the east side and two properties along the west side. Property uses in the subject neighborhood are mixed and include the afore- mentioned condominiums, which are located along the east side of the subject property, multiple -family apartment units for rental occupancy, which are located along the west side of the subject property, multi -family apartment units located across the street from the subject property, single-family dwellings, and a pre-school and daycare center, along with single-family residential development. Extensive commercial property use is located approximately one-half block east of the subject property, along 76th Avenue West and 196th Street S.W. This street is the boundary line for the Edmonds and Lynnwood city limits. L b L ff ''bask{y ''r F ��} 'xtil'd�i 1 S F 4a, ,, B. SAUNDERS BROOKS, M.A.I. The subject property was purchased from E.C. and Barbara Collier by Robert ' and Helen Midkiff, DBA Union Heating, Inc. in December of 1976. ,for. $160,000. The property was purchased on a Real Estate Contract with,, $25,000 cash down and monthly payments at $1,171.57, including '8 lf2% annual interest. The purchaser subsequently made the following additional expenditures to the property: $35,000 . . . For remodeling of the front building $ 7,000 . . . For roof resurfacing on the front building and 'on 50 feet.by 100 feet of the rear building. $ 4,000 . . . For exterior painting of the buildings. $ 4,000 . . . For six inch water drain across the property. $ 3,000 . . . For repair/resurfacing of the asphalt paving. This gives a total investment in the property of $213,000, exclusive of any personal labor furnished by Mr. Midkiff. He set up.a tax write-off period of 18 years for these improvements in 1982, which appears to be reasonable, asssuming that the property is a legally conforming use. The subject land is below the street grade of 196th Street S.W.>.and surrounding properties, with the lowest point appearing to beat the southeast part of the property. Surrounding properties on the east, west, and north of the subject property are at a much higher elevation and look down upon the subject property. Based on an assumption that the subject land was vacant and ready for development for either single-family or multi -family use, itis the. analyst's opinion that a typical investor/developer would consider the unfavorable topography of this land, in connection with such future development. This would be particularly true for the single-family residential zoned land, as most home buyers do not like to be located "in a hole", so to speak, with the neighbors looking down upon their property. A developer would probably consider filling part of this property in order to raise the building grade. In addition, future development of the single-family zoned land located along the north side of the subject property may necessitate an easement through the multi -residential zone land from 196th Street S.W. This could conceivably affect the number of allowable multi -family dwelling units, which could be constructed on Parcel A in the future. According to information furnished to the analyst by the subject property owner, he has had problems in the past with the tenants who live in the apartments along the west side of the subject property, who reportedly throw trash off of their patios onto the subject property. On the other hand, some adjoining property owners have been disturbed by noises from trucks operating in and out of the subject property, including noise and offensive language by employees. Based on an analysis of the existing situation, it is the analyst's opinion that the properties located along the west side and east side of the subject property, as well as the properties located across 196th Street S.W. from the subject property, are not adversely impacted by the current use of the subject property. However, the single-family residential properties, which are located adjacent to the subject property, could be adversely impacted. If all of these property owners have approved a request for an extension of the subject nonconforming use for an additional five years beyond May 3, 1986, this problem would be alleviated. (5) l 1�41.2 �F B. SAUNDERS BROOKS, M.A.I. Based on an assumption that the property was located in a conforming use zone, in accordance with the Community Development Code, the remaining economic life of the subject improvements would be, estimated at " approximately fifteen to twenty years. This estimated economic life would,` be based on an additional assumption that these improvements would receive; normal building maintenance during this period of time Based on an assumption that the City of Edmonds would not allow extension'' of the nonconforming use beyond May 3,1986, it is obvious that the remaining economic life of the improvements would be zero. If the extension is allowed for an additional five years beyond May,3, 1986; the remaining economic life of the improvements would be estimated, to conform with the Extended Amortization Period. In summary, based on an assumption that all of the surrounding property owners immediately adjacent to the subject property would approve a' request for an extension of the nonconforming use for five years beyond May 3, 1986, along with an analysis of other market data,studied, it is the analyst's opinion that an extension of the subject nonconforming use for an additional amortization period of five years, would be both reasonable and economically feasible. This would allow the subject property owner to recover a major portion of the unamortized investment in the subject improvements In this connection, it is further assumed that the subject property owner would maintain the property in a reasonable manner and continue to maintain proper supervision of the subject property tenants. In addition; it is assumed that the subject property owner would conform with other requirements as outlined in Chapter 17.40 of the Community Development Code for the City of Edmonds. Respectfully Submitted, ,�,/ B. Saunders Brooks, M.A.I. c r; r t Y Street scene looking East along 196th Street S.W. with Subject property at left center. Street scene looking East along 196th Street S.W. with adjoining condominiums on the East side of subject property at left. Looking Southeasterly across 196th S - front of subject property toward apa, street. Looking Northerly from 196th Street S.W. toward adjoining apartments located along the West side of subject property. it w SUBJFCT SITE Looking Northeasterly from subject property toward adjoining condominium units located along the East side of subject property. Looking South from 193rd Place S.W. toward single-family residential adjoining subject property on the North side. SUBJECT SITE 5„ { yr ��13 }E^ �, �''� Y a'.n� :.1Grt �i v ✓"��F� uc 3 "���i�i a� t� +�Y}' ya; fi y ,yY 5 Si {{y � F { { f "t f iy a"i s f y t �4 looking.East.along 194th Place S W toward ad�oi.ning3szngle family residential at left and apartment units at right` background, which are :of located along the Westsidethe subject property. { i L --i I I PARK ADD. TO EDMONDS (5396) V cep 81 st PL, W fi AVE. t h. Z cn L --i I I PARK ADD. TO EDMONDS (5396) fi AVE. t h. - b 7, SE. iEW. 0 S, w T.ACTS SNOHOMISH COU) OF CITY ST !"I IE •LYNNDALC ELE�E KIM — I TARI ERA. %CM00L 04, JW ;*m, Ti\ f. )0 T. I xy I20 ST ST 3 r;l Po 1. PA CITY ., OF tonin Map I T Y 10 I 'T27 N R 4 E 1.7.40.000 CHAPTER 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS 17.40.000 PURPOSE The purpose of this chapter is to allow certain nonconforming uses, build- ings and lots to continue while prohibiting further nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. 17.40.010 NONCONFORMING USES A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations, but is no longer allowed, due to the passage or later change of this zoning ordinance and where applicable its predecessor. B. Continuation. A nonconforming use may continue, unless required to be abated by subsection C below, but it may not be expanded do any way, including additional lot area, floor area, height, number of employ- ees, equipment, or hours of operation. C. Abatement. Any non-residential use located in a residential zone district or in the OS zone district shall be discontinued within fif- teen years after the use first became nonconforming. If the affected use is not operated in a building, it shall be discontinued within three years of the notice. These time periods may be extended under subsections D and E below. The time shall commence from the time the use first became nonconforming under this ordinance and where appli- cable its predecessor. D. Notice to Owner. The Community Development Director shall notify each property owner affected by subsection C above. The notice shall state the provisions of subsection C, and that the owner may apply within one year of the date of the notice for an extended amortization period. The notice shall be filed for record with the County Auditor. Failure to provide notice, or to record the same, shall not extend the mandatory time of conformance or discontinuance. E. Extended Amortization Application. The owner shall, with his applica- tion, deposit $500 with the city to cover the cost of the city hiring an economic consultant to provide an analysis of what amortization period would be reasonable in terms of the particular use and the owner's investment. The application shall be processed in the same manner as a conditional use permit (Chapter 20.05). The Hearing Exam- iner shall base his decision on the data contained in the economic analysis, plus other information introduced at the hearing, including information on the significance of the use's incompatibility with nearby residents or property. The city shall refund any portion of the $500 deposit not used in processing the application. F. Recorded Notice. After the one-year period has passed, or an extended amortization application has been processed, the Community Development 105 Director shall file for record with the County Auditor, a notice of the date by which the nonconforming use must be discontinued. } G. Lapse of Time. 1. If a nonconforming use ceases for a continuous period of six months, any later use of the property occupied by the former nonconforming use shall conform to this zoning ordinance. 2. If a nonconforming residential use ceases because its building is damaged in excess of 50% of its value, the use may be reestab- lished if construction of a new or repaired building begins within one year of the date the damage occurred. H. Conditional Uses. A legal use does not become nonconforming because the zone in which it is located is changed to a zone district which requires a conditional use permit for the use. However, the use may not be altered, as stated in subsection B, without obtaining a condi- tional use permit. 17.40.020 NONCONFORMING BUILDINGS A. Definition. A nonconforming building is one which once met applicable site development standards, but no longer does, due to the passage or later change of this zoning ordinance and where applicable its predecessor. B. Continuation. A nonconforming building may be continued, unless required to be abated elsewhere in this section, but it may not be changed in any way which would make any nonconforming aspect more nonconforming. C. Value. The value of a nonconforming building is the fair market value as determined from the most recent assessment by the Snohomish County Assessor. D. Maintenance and Alterations 1. Ordinary maintenance and repair of a nonconforming building are allowed. 2. Alterations, which taken separately from the existing building conform to this zoning ordinance and do not allow any expansion of a nonconforming use within the building, are allowed. 3. Alterations required by law or a public agency to meet health and safety regulations are allowed. 4. The cost in any one-year period of maintenance and alterations allowed by this subsection may be not more than 25% of the fair market value of the nonconforming building. 106 8/10/82 17.40.030 E. Restoration of Damage. 1. If any nonconforming building is damaged, it may be restored in the same location, and to the same height, setbacks and coverage as exists before the damage occurred if the reconstruction begins within one year of the date the damage occurred. 17.40.030 NONCONFORMING LOTS A. Definition. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations, when it was created, but no longer does, due to the pas- sage or later change of this zoning ordinance and where applicable its predecessor. B. Continuation. A nonconforming lot may be used for any use allowed by the zone district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of that district, so long as all other applicable site use and develop- ment standards are met, or a variance from such standards is obtained. C. Combination. If a nonconforming lot has ever been in the same owner- ship as an adjacent lot or lots, at any time after the date it became nonconforming, the nonconforming lot is deemed to have been combined with the adjacent lot or lots to the extent necessary to create,a conforming lot and may only be used in accordance with this Community Development Code. Resubdivision of such aggregated nonconforming lots shall not be required, provided however, the City may condition the issuance of any building or land use permit upon the filing for record of a covenant appurtenant with the County Auditor. Such real covenant shall run with the land and contain one.or more of the following provisions: 1. A description of the exact location of all property lines. 2. Dedication of any property or right of way required by the City. 3. Any other conditions that the City would require if this property were resubdivided by the procedure of this code. [Ord. 2292 §1, 1982]. 17.40.040 NONCONFORMING SIGNS. Nonconforming signs are injurious to the health, safety and welfare and destructive of the aesthetic and environmental living conditions which this zoning ordinance is intended to preserve and enhance. Nonconforming signs shall be brought into compliance with the provisions of Chapter 20.60 of this code under the following terms and conditions: A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, provided, however, that the 08/25/84 107 rt'T 'Y1 iFn £. F � 17.40.040 Pt p "" following acts are specifically permitted shall not in and ,and of themselves require conformance with the provisions of Chapter 20.60: 1. Normal maintenance of the sign; 2. A change in the name of the business designated on the sign; or 3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident or q an act of God. B. Any nonconforming sign shall be brought into immediate'' compliance with the code in the event that: 1. An act prohibited by the provisions of subparagraph A of this a Section occurs; 2. The building to which the nonconforming sign or signs is'a appurtenant is remodeled or receives an addition equal to k' twenty—five percent (25X) of the building's value prior to the addition or remodeling;: . r >x 3. A change in the use of the building to which the sign is appurtenant or the land upon which the sign is located occurs; or t'r, 4. An application for the erection of a new sign or signs.is made by the owner or lessee of the business premises to which the sign is appurtenant. C. None of the foregoing provisions relating to permitted mainte— nance, name change or preservation of the sign under Paragraph -A shall be construed so as to'permit the continuation or preserva— tion of any nonconforming off—premises sign. [Ord. 2429, 19841.;`; Y{ t :< t 4 108 08/25/84 f PETITION TOTHE CITY OF EDMONDS FOR AN EXTENSION OF AN EXISTING NON -CONFORMING USE The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective signature. do herewith petition the City of Edmonds to grant ROBERT AND HELEN MIDKlFF, as owners of that certain real property in Snohomish County, Washington to -wit: The East half of the southwest quarter of the southeast quarter of the southeast quarter of section 18, township 27 north, range 4 eAST, W.M. '196th street S.W. Except the east 186feet thereof and except and The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, 'township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of Washington. (commonly known as 7833 -196th street S.W , Edmonds) an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. Signature Name Printed Address Phone 'e i V/ 11111114 1z Az� WAe ro/? X 6016Fex, hio aAe' VC/1 ?'41 41 tr Vij- J5 7V, z 3 -- zx� PETITION TOTHE CITY OF EDMONDS >a FOR AN EXTENSION OF AN EX ISTING NON -CONFORMING USE The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective signature. do herewith petition the City of Edmonds to grant ROBERT AND HELEN MIDKIFF, as owners of that certain real property in Snohomish County, Washington to -wit: +. The East half of the southwest quarter of the southeast quarter of the southeast quarter of section , 18, township 27 north, range 4 eAST, W.M. Except the east 186feet thereof and except 196th street S.W. j ,and The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, 'Township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of. Washington. (commonly known as 7833 -196th street S.W , Edmonds) r an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. Signature Name Printed Addirpessly Phone +F (� t�1m l il! 7 434 -- 3/ % - �7�a6 M3 P, W'���,� A �s 7 I , l - 1q, 3 ' P/ SL4- V /�hG 2 A- 2 � c. �'.�-� f 7 �'t N',t;� �o.t.:� "%�,2G� r R3 �L;► . - 3s'7 PETITION TOTHE CITY OF EDMONDS Hi FOR AN EXTENSION OF AN EX IS`lNG NON -CONFORMING USE ; The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective;; signature. do herewith petition the City of Edmonds to grant" ROBERT AND HELEN MIDKIFF, as owners of that certain real property in Snohomish County, Washington to -wit: The East half of the southwest quarter of the southeast quarter of the southeast quarter of section 18, township 27 north, range 4 BAST, W.M. Except the east 186feet thereof and except 196th street S.W. and The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, Township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of - Washington. (commonly known as 7833 -196th street S.W Edmonds) an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. SAgnatu,e Name Printed Address Phone_ 1;7�r�Otiv S r ( ^LtC (/vk i t Qt�t �l/iriJ �f r i i/t r,/f�.. U /t 7 �� .2 %7p nly'r'rLA� 41 (/ y t l / t t i �+ �/ • Y t Y� LU i V {' �%� "✓�U7`- 1�f�113 jD(4 t j5o I� % Z �, t H 5 t,v ' C, y ` 3 ' r n J /G.z `t' 0 -7-2,i�j f.. t.. -%i.-, �+�LI.c�.n.�L+-' 7`, !"'7 Ch{ JY�. �; ' � i The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective signature. do herewith petition the City of Edmonds to grant ROBERT AND HELEN MIDKlFF, as owners of that certain real property in Snohomish County, Washington to -wit: The East half of the southwest quarter of the southeast quarter of the southeast quarter of section 18, township 27 north, range 4 eAST, W.M. Except the east 186feet thereof and except 196th street S.W. and The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, Township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of Washington. (commonly known as 7833 -196th street S.W , Edmonds) an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. signature Name Printed Address Phone 0 14 &yz- m VV 3 4pa"', 65 h F 'DIRECTOR /July 25, 1985 `{11K Mr. Robert Midkiff 398.1: P.O. Box Edmonds, 020 RE: EXPIRATION OF NON-OONFORMING USE Dear Mr. Midk if f V This letter is to notify you that the present cannercial use of your property must be discontinued by May of next year, as required by the Edmonds city Code. In 1971, the City passed Ordinance 1550, which established a fifteen year period in which non -conforming commercial uses in residential zones would have to cease operation. The.end of that fifteen year period is May 3, 1986. The Edmonds Camiunity Development Code allows the City to consider extending the fifteen year deadline, under the provisions outlined in Section 17.40.010 (9). A copy of this code section is enclosedfor your information. If you decide to apply for the Extended Amortization, you must file your completed application for processing before the May 3, 1986 deadline. If you have questions regarding this matter, please contact Duane Bowman, Assistant City Planner, at 771-3202, ext. 254. enclosure PUBLIC WORKS PLANNING 0 Sincerely, Mary Lou Block Planning Director PARKS AND RECREATION • ENGINEERING C J ti iSwy}'. APPRAISAL QUALIFICATIONS OF B. SAUNDERS BROOKS, M.A.I. x; EDUCATION Graduate of Southern Methodist University, Dallas, Texas, with Bachelor of Business Administration degree. Special education courses have included Real Estate Appraisal Course I at the University of California, and Real Estate Appraisal Course II at Stanford University; both courses sponsored by the American Institute of Real Estate Appraisers. Additional special education includes numerous appraisal seminars, mortgage banking conferences and M.B.A. Income Property Financing School at Michigan State University. 1983 educational courses included Standards of Professional Practice at. Seattle, Washington; Valuation Analysis and Report Writing at University of Colorado, Boulder, Colorado; and Real Estate Feasibility Analysis at . Denver, Colorado. 1984 educational courses included Business Valuation at Seattle, Washington, and Creative Thinking and Feasibility Analysis at Denver, Colorado. 1985 educational courses included the Electronic Spreadsheet In The Appraisal Office at Edmonds Community College, Lynnwood, Washington; Federal Home Loan Bank Board Regulation R41 (B) at Seattle, Washington and Introduction to Hotel/Motel Valuation at Seattle, Washington. EXPERIENCE Twenty-nine years experience in real estate appraising, mortgage financing; and real estate sales, including six and one-half years with Mortgage Loan Department of Pacific Mutual Life Insurance Company in Dallas, Texas, and Salt Lake City, Utah; 10 years as Vice -President of commercial and industrial loan departments of major mortgage bankers in Dallas, Texas, and Denver, Colorado; 12 years as owner of company specializing in real estate appraisals, consultation, mortgage brokerage, feasibility analysis, and real estate sales. Concurrent experience included Real Estate Broker in the State of Texas, State of Colorado, and State of Washington, and Approved Fee Appraiser for the Federal Housing Administration in Salt Lake City, Utah; Dallas, Texas, and Denver, Colorado. Formerly Secretary -Treasurer of Dallas Mortgage Bankers Association, Formerly,member of Commercial Loan Committee of Texas Mortgage Bankers Association. Formerly member of Conventional Loan Committee of Mortgage Bankers Wor Qualified as expert witness in Boulder County, Colorado; District Courts; and Snohomish'County, Washington, Court. Instructor, Real Estate Appraisal, Skagit Valley College, South Whidbey Island Branch, Langley, Washington. SCOPE OF APPRAISALS Residential -single and multiple -family properties; commercial, industrial, and investment properties, subdivisions, planned unit developments; mountain properties; condemnation; special purpose; leaseholds; eminent domain; easements; and review appraisals. Consultation, arbitration and feasibility studies. Appraisals have been made for numerous life insurance companies, commercial and savings banks, savings and loan associations, corporations, city and county governments, state and federal agencies, attorneys, and private individuals, including both independent fee appraisals and appraisals in connection with mortgage loan submissions—primarily commercial and industrial. Some of these companies have included: Mutual of New York Life Insurance Company Pacific Mutual Life Insurance Company Acacia Mutual Life Insurance Company United Benefit Life Insurance Company Provident Life and Accident Insurance Company Loyal Protective Life Insurance Company United American Life Insurance Company United States Life Insurance Company Mutual Benefit Life Insurance Company Security Benefit Life Insurance Company Kansas City Life Insurance Company Teachers Insurance and Annuity Indianapolis Life Insurance Company Majestic Savings and Loan Association Great West Savings and Loan As'sociation Northwestern National Bank of St. Paul Western Federal Savings and Loan Association Federal Housing Administration Humble Oil Refining University Park Lumber Company Commonwealth Investment Corporation Riverside Shopping Center, Inc. General Mills, Inc. Ethyl Corporation International Business Machines Corporation Great American Reserve Insurance Company Old Colony Trust Company of Boston Penn Mutual Life Insurance Company National State Bank of Boulder Lomas and Nettleton Company Bristlecone Investment Mt. Baker Mutual Savings Bank Union Bay - Camp Paper Company Phillips Petroleum Company Lipton Tea Company I r 'r .r .,...,..,�.. �.., .... .. .__.. ..... .... , ,.. »mow,-xr.,a+Kwr'+L.tW,m't".%. k'J� i�.„•Fx....;Jk'fT. r.ir.Fu�.-,i'Yw�tt�y5W5.,tis,:vse..u....,:..:ae.u._.,5.:..u..�.a4.1T.L..}'::W y fp ountain Bell Telephone Company � M all Brothers Research Company ?irst National Bank of Boulder lickerson-Waterman Corporation ounty of Boulder ity of Boulder ome Equity Corporation eaman's Bank for Savings obil Oil Corporation apitol Federal Savings and Loan Association mpire Savings and Loan Association enchmark Associates oulder Triangle Associates ederal National Mortgage Association ommercial Loan Insurance Corporation pion Oil Corporation egional Transportation District of Denver; Jefferson County Airport Authority ashington Federal Savings and Loan Association ioneer First Federal Savings and Loan Association olmes Harbor Water District winomish Indian Tribal Community aine Field oeing Company Iympic Bank Seattle -First National Bank City of Renton Snohomish County Housing Authority Washington State Parks and Recreation Commission General Telphone Company of the Northwest, Inc. Washington State Department of Natural Resources City of. Edmonds City of Everett GTE Data Services U.S. Department of Agriculture, Forest Service Snohomish County Department of Public Works ` Willamette Management Associates Stevens Memorial Hospital First Interstate Bank of Washington N.A. CascadeSavings and Loan Association Rainier Bank University Federal Savings Bank Howarth Investment Company D.A. Duryee & Company Mardev Properties Port of Anacortes Edmonds Community College PROFFESIONAL AND TRADE ORGANIZATIONS American Institute of Real Estate Appraisers - M.A.I. Washington and National Association of Realtors Whidbey Island Board of Realtors - Affiliate PRESENT BUSINESS AFFILIATION Owner B. Saunders Brooks, M.A.I. - Real Estate Appraisals, Consultation and Feasibility Analysis. Commercial, industrial, investment, condemnation, special purpose and residential appraisals in Washington and Western states. f � S - "'SLOT PLAN - f17 c'p The following sketch shows the plot, plan of the site and"improvements. t r< '4 Parcel "B"! Parcel "Ari Alder trees & brush 3ao� 630, Bldg 2 ;.16o, 66, 2 -story ?a portion 20 blacktop 8o, Bldg 1 4o, x 4o, . 2 -story'. portion j 40, 144• — -- 196th S.W. I (Sketch is not to scale). Page No. 6 ot10 Pages i - i� t l 3 MY �r f Economic facts on buildings at 7833 196th Street S.W. known as ;l,, the UHI Buildings.Y Purchased from E.C. and Barbara Collier by Robert and Helen" 4 Midkiff DBA Union Heating Inc. in December 1976 for $160-:0M plus all costs ;to seller and purchaser. We were made aware of a letter from the City of Edmonds dated November 2, 1976 sighed ' by E. Joseph Wallis. Exhibit On April 1977, we commissioned David Spiers, S`.R.A. to provide an accurate appraisal for future tax reference'. Appraisal -'dated April 30, 1977 indicated land at $57,000 and buildings . at. ,! $118,000 or a total of $175,000. Exhibit D On August 1977, we strongly objected to the platting of the Cassell property to the east of us as it landlocked over half of our property, which is zoned single family. The only access is now, through multi -family zoned property. We asked for relief on taxes at the county level and received none. ..The alternate was to buy the complete Cassell Property, and this'wasn'`t eco- nomical or feasible. ExhibL. E We rented the back building out to Astro Electric and Eastwood Cabinets, which did not quite pay the payments, taxes, insurance and property maintenance. Union Heating Inc. `occupied the.front building until July of 1982, atwhich time ownership passed exclu=` sively to Robert and Helen Midkiff. We again commissioned Mr. David Spiers to re -appraise the,property. The appraisal dated July 1982 was $250,000, with $123,500 for land' and $126,500 for buildings. These building: values assumed that the commercial use of these buildings would continue indefinitely. Exhibit F On April of 1983, we gave a major utility easement through our, property without any cost to the taxpayer. We put in a six-inch drain to stop the water problem to the neighbor to the.west at a cost of $4,000. The City's contractor never completed the agreed grading of the.construction area. Estimated cost to finish grading is $3,000, a cost to the Midkiffs not foreseen. Exhibit G On September of 1985, we got two bids to remove both buildings and all blacktop and footings and haul away, no old material to remain.. These bids were $31,800 and $36,883 plus applicable. taxes and contingent that Snohomish County provide a local dump site. If not, this cost could Cripple as Snohomish County is considering closing all sites to this type of dumping. Closest site is then Eastern Washington. Exhibit H i Over the life of the buildings, we have continued to ask for tax relief. In'a letter dated July of 1979, we asked for pro- { party tax relief on both the land and buildings. Looking at -a t property -value tax worksheet, we note a slight drop in propery # L�! t4��yy�:.•�,ia t �, Pag • I value but no relief on the buildings. You will also note the fld Y T� property value in 1982 was above a licensed appraiser's appraisals, by $50,570, which is ridiculous. The value continued until 'we' took a registered letter from you to us dated July 25, 1985t, t regarding expiration of non-conforming use. Exhibit I & We contracted Mr. Gary Pickett, the County_ Appraiser, who, is y' very familiar with our plight. He said flat out that the County'•s• hands have been tied by the City of Edmonds. He has contacted the City of Edmonds many times wanting a firm commitment'ofaction: The Edmonds Building Department side-stepped the issue each time.," Mr. Pickett immediately dropped our taxes within one week for 1987; 'land to $146,218 and buildings to $41,900. He is-going to try to.:; give us relief in 1986 as well. The County is assuming a three- year extension will be allowed. The reason fo.r not`establishi_ng a value in 1988 is that that is when the area will receive a view value. We also have a gentlemen's agreement, if we,.get a five- year extension, that the 1987 value will change to reflect this,; extension. From the County's action, it looks like the City has drug their feet andplaced us'in a poor position to make a reas.on- able profit. We feel this is an unfair action to an Edmond's property owner who has tried to be a good member of the community. With this unfair action on the part of the City of Edmonds, we. respectively change our request to a five-year extension zin order: to recoup our unearned taxes .charged by the County., As you can see, we are upset. In September, we made up a petition to the City of Edmonds on.the- extension of an existing non-conforming use of our property. (copy, attached) We made no promises as to use of property, except that we would not add to the existing buildings. In the petition,' we asked for the extension for three years. However, we can acrd will go back and ask for new signatures on a petition for five years. Everyone signed the petition,; our neighbors are behind us, as far, as we know. Exhibit K Since the City of Edmonds has pressed this situation, we have lost our major tenant; and, without his rent income, we cannot make our land payments let.alone the taxes, insurance and main- tenance costs. The two tenants in the front building have leases which end January 1, 1986. Exhibit L It is impossible to rent any of the space for three months, so your action is necessary and soon. Let's work together. We do not want another rocket station situation. 1 t r t iS 9s►. ; _, rt .tz ilr y APPRAISAL REPORT For: Union Heating Co., Inc. Date: 7833 196th S.W. Edmonds, WA. PROPERTY IDENTIFICATION The Collier Building 7833 196th S.W., Edmonds (Snohomish County), Washington3�lts Address: y r-,� Legal: Refer to land Title Co (Everett, Washington) Title Order No. B-61160 (4%77) Owner of Record: Union Heating+ Inc., a Washington Corporation tY _ PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the Market Value as of the 30th day of „ 4 t5 April, 1977. �. CERTIFICATION I hereby certify I have no interest, present or contemplated, in the property appraised and that ;kr, neither the employment to make the appraisal, not the compensation, is contingent on the value of the property. I certify that I have personally Inspected the property and that, according to the best of my wez knowledge and belief, all statements and Information in the report are true and correct and that no Information has knowingly been withheld. This appraisal report Is subject to the contingent and Ilmiting conditions contained herein. s In my opinion, the Market Value, as defined herein, of the property as of the 30th day of April, 1977 Is $ 175,000e00, a breakdown of land and buildings: Land $57,000 add Improvements (buildings etc.) $118,000 equals $17�. Respectfully submitted, t tW f �t' DAVID F. SPIERS, S.R.A. z Market Value Definition: �y�,,di,�T .,�a r 9-'-10 Market value is the highest price, estimated In terms of money, which a property will bring if exposed tt for sale in the open market, allowing a reasonable time to find a purchaser who buys with the know- 1 ledge of all uses to which it is adopted and for which it is capable of being used. : G American Institut. of Real Estate Appraisers, Appraisal Terminology and Handbook. t ? 1. f tl a lY' t5 C C £ i1 it'i f a T f tri ;i! iL , 3Y S Opt ; ft Y ' u Page No. 1 of 10 Pages s { y t i yy T • t Definition of Highest and Best Use The most profitable likely use to which a properly can be put. The opinion of such use may be based on the highest and most profitable continuous use to which the property Is adopted and needed, or likely to be In demand in the reasonably near future. However, elements affecting value which depend on events or a combination of occurrences which, while within the realm of possibility, are not fairly shown to be reasonably probable, should be excluded from consideration. Also, if the In- tended use Is dependent on an uncertain act of another person, the Intention cannot be considered. American Institute of Real Estate Appraisers, Appraisal Terminology and Handbook. CONTINGENT AND LIMITING CONDITIONS I assume no responsibility for matters legal In nature, nor do I render any opinion as to the title, which Is assumed to be marketable. The property is appraised as though under responsible ownership. The sketch In this report is included to assist the reader in visualizing the properly, and I assume no responsibility for Its accuracy. 1 have made no survey of the property. I am not required to give testimony or appear In court because of having made this appraisal, with reference to the pro- perty in question, unless arrangements have been previously made therefor. The distribution of the total valuation In this report between land and Improvements applies only under the existing pro- gram of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are Invalid It so used. 1 assume that there are no hidden or unapparent conditions of the properly, subsoil or structures which would render It more or less valuable. i assume no responsibility for such conditions or for engineering which might be required to discover such factors. Information, estimates and opinions furnished to me and contained in this report were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy can be assumed by me. Neither all nor any part of the contents of this report, or copy thereof, shall be used for any purpose by any but the client without the previous written consent of the appraiser and/or of the client; nor shell it be conveyed by any Including the client to the public through advertising, public relations, news, sales, sales or other media, without the written consent and approval of the author, particularly as to valuation conclusions, the Identity of the appraiser, or a firm with which he is connected, or any reference to any professional society or institute or any Initialed designations conferred upon the appraiser. This appraiser has relied on statements made by certain City of Edmonds officials that relate to zoning and a written agreement concerning the continued use of the buildings for commercial or industrial uses. In so far as possible this "agreement" was confirmed by the appraiser in phone conversations with the officials and as discussed with Union Heating Company. This appraiser assumes no responsibility for changes in the agreement, city policy or authority. Public records tend to support this agreement as set forth in the county assessor's records, a copy of which is included in this report for reference. The appraiser has based the economic life remaining upon the con- tinued use allowed, and based the land valuation upon the actual zoning and highest and beat use of the property. Page No. 2 of 10 Pages r fj P COMMUNITY AND NEIGHBORHOOD Edmonds and Lynnwood have a strong economy with about 92% employment. In 1976, an historically high number and dollar volume of residential real estate sales was recorded. There were a number of small business starts. Apartment house construction has started up once again after a total absence for 6 years. Rents are low compared to the rising costs of con- struction, and it is a struggle to obtain apartment construction financing. Land prices are nearly the same on multiple-zoned land as in the "Boeing Boom" period of 1968-69. Commercial land prices have a tendency to be more stable and simply rise slowly The street on which the subject is located, 196th S.W., has established itself as "strip commercial." In this immediate neighborhood, the land uses are almost all apartments or condominiums. Zoning along 196th S.W. is multi-family or apartment. The City of Edmonds will allow the non- conforming commercial use of the subject property until 1986, at which time the use must conform or the City will take legal action. Please refer .to the discussion of "highest and best use" of the site following. In the interim, continued demand for commercial space is evident in the community. SITE Two parcels comprise the site: Parcel "A" is 144 feet X 620 feet, or a land area of 89,280 square feet (approximately 2.05 acres). The 144 feet front on 196th S.W.,--a major arterial. Parcel "B" is 66 feet X 300 feet, or a land area of 19,800 square feet (approximately 0.45 acres). Please refer to the site sketch. The zoning is "RML" or residential multi -family low density by the authority of the City of Edmonds. The RML zoning extends 144 feet along 196th S.W. and 310 feet north. The balance is zoned "RS" or single family residential. Page No.3 of 10 Pages ,: • tt A tt55y i �e aT �!'{ SITE A�yk% f} k Sof The "Highest and Best Use" of the property is the present use until 1986, after which time the building use must conform to the zoning code. (Source of information regarding zoning is Joe Wallace from the City of r�ti Edmonds Community Development Department. Phone: 775-2525)• The back portion of the land could be developed to a single family residential � r ` 3 use of low-cost housing. Future possible uses of the buildings which A� might possibly be a clinic or professional offices. sr,� t Y F Y - IMPROVEMENTS moi; r, t yt 5� 8 jjjj p DESCRIPTION OF IMPROVEMENTS " Building #1, which is the front building situated closest to 196th S.W., J 0,1 is a concrete block building built on a concrete slab foundation in 1956. .}y� Viz= The entire building is 40' X 801, or 3,200 square feet, on the main floor �i t level. The front portion, 40' X 40', (1600 square feet) is two stories with offices on the ground floor and two apartments on the second level. 75stJky This adds 1,600 square feet of gross rental area. The balance of building number 1 is industrial in nature with high ceilings and gas overhead 'r heaters. The front portion has electric baseboard heat. The condition div{ is now "good" in the offices, and considered "fair" in the apartments s>z4j t`j kxb� and shop areas. The building has a good hot tar roof, t f Building #2 is a concrete building on a concrete slab floor also, and was i built in 1961. It was originally 50' X 100' with an additional 60' added r" in 1963. The total building size is now 50' X 1601, or 8,000 square feet. tx,rf`r' The front, southwest corner of the building (20' X 30`) is a two-story } x t F structure with offices on two levels. The second floor could be used for apartments, but is presently unused office space. The Remaining Economic Life of these buildings is limited to 9.5 years, f r >+ as established by the City of Edmonds zoning authority. r- { •`1 t u } Page No. 4 of 10 Pages 9a �� jA ;i IMPROVEMENTS The current uses of these buildings includes two apartments; Union Heating Company use of offices and storage; and two tenants --Astro Electric and Eastwood Cabinets. The interior details are as foli.ows: Building #1 has a front office with panelled walls, carpeted floors, tile ceiling and electric heat i and is modern and attractive. There is a storage room, hall and two rest rooms with plasterboard walls and ceiling. There are two more offices and a drafting room / office. A conference room and a second storage room complete the front 1600 square feet of the front of the building. The back half, or 1,600 square feet, is unfinished shop with two roughed -in electrical rooms for wiring and a stairway to a loft balcony and a roughed -in room with a cold water tap. Building #2 has two finished offices on the second floor with vinyl tale floor, plasterboard walls and floureseent lights in the ceiling. Both are in "fair" condition. The second floor has one restroom. The main floor has a shop and storage area with 716" headroom, then a shop, machine room, cabinet shop and storage on a loft. Gas overhead heaters and one rest room are in the cabinet shop. In the front portion. I rest room has a the floor, wash basin and 3 toilets- Inside the building there is 1 overhead door, 201 wide, for the addition that was added after the original construction. The cabinet shop has a concrete floor with one overhead door at the back of the shop. The rent on this building seems very low for a comparable rent on heated warehouse space is 100 to 120 per square foot per month. The space is currently rented for 6.$0 per month.The location is a consideration and this probably accounts for the low rent. ssE11gg4 Page No. S of 10 Pages {5L5'Y } .sem t {d.yi, Y.a sb J Lit 7'{�i 1Ctt a 4,�i�rt f�J�{ �Er THE APPROACHES TO "LLIE ' 1 There are three basic approaches that may be used by appraisers in the estimation of Market Value. These three approaches provide data from the market from three different sources when all are available. These three approaches are the Direct Sales Comparison Approach, the Gross Rent Multiplier Analysis (if a residential property) or the income Approach (if an investment property), and the Cost Approach. Normally, these three approaches will each indicate a different value. Alter all the factors In each of the approaches have been carefully weighed, the Indications of value derived from each of the approaches are correlated to arrive at a final value c estimate. When the appraiser excludes one of the three approaches, he will explain the reason why the approach was not applicable. . DIRECT SALES COMPARISON APPROACH This approach has as its premise a comparison of the subject property with other properties of a similar design, use and uHilly that have sold in the recent past. To Indicate a value for the property, adjustments are made to the comparables for differences with the subject. COMPARABLE SALES This appraisal considers that there have been no whole t, property or improved sales that are comparable to the subject. It is noted that the subject was just purchased for $160,000 and that since the purchase, the owners have spent about $10,000 in repairs and deferred maintenance to the property. The appraiser has researched all the land sales from 44th West along 196th West, on both sides, and commercial �. areas off 196th from 212th S.W. to 184th on the north. The land sales are as follows: SALE #1 - 5/3/72; vacant lot next door to the east; the Cassell property sold for $80,000 but was repossessed on 9/28/73 in a deed in -lieu of forefeiture. This site is 120 front feet, at or above grade, on 196th X 620 feet in depth, plus a parcel 66, X 601, for a total area of 78,360 square feet, selling for approximately $1.02/SF in 1972. SALE #2 - 12/28/76; the subject was purchased for $160,000. The land size is a total of 109,080 square feet with only 44,640 square feet zoned RML and the balance residential. The analysis of this purchase as it f" relates to the land is: {) ' 1.48 acres zoned RES @ $8,125/acre _ $12,025 1.024 acres zoned RML @ $43,560/acre - 44,640 TOTAL LAND VALUE: . . . . . . . . . . . . . $56,665 This RML zoned land is estimated at $1/S.F. and the land was bought and sold on a square foot basis. SALE #3 - Residential zoned land 300 feet west of 88th and on 194th St. S.W. sold 1977. 2 acres sold for $16,250 or $8,125/ acre. Seller: Hartness - selling single family residential zoned land with similar public utilities as subject. r SALE #4 - Commercial land on 200th S.W., west of 64th West about 630 feet on 240th S.W. located on the north side. Size: 165' X 630', or 103,950 SF, or, 2.386 acres sold for $75,000 in 1976 @ roughly 72¢/SF. This is not as good a location as the subject. SALE #5 - Land sale east of 66th West and on the north side of 212th SW, parcels ANALYSIS OF DIRECT SALES COMPARISON APPROACH: RML zoned land is also analyzed by the number of units (apartments) per acre. The allowance is set by the zoning code. The subject has 44,640 square feet of RML zoned land, or, 1.024 acres. This would allow 24 maximum units with 1 unit on 1,860 square feet of land area. The "going price" of apartment land is $1,500 per unit. Units -; 24 X $1,500 per unit equals $36,000. The residential land as established in 1; the market sales at $12,000 equals a land value of $48,000. However, the land is not vacant and it does have a commercial use. Therefore, the higher value is based upon the conditional use. In my opinion, the value is about $1.000 "JI. per square foot and the total land value of the subject is $57,000. "RS" zoned land - 1.48 acres @ $8,125 per acre = $12,000 "RML" zoned land - 1.024 acres or 44,640 S.F. $1.00 per S.F. _ $44,640 ESTIMATED LAND VALUE $56,640 ROUNDED TO: 57:000.00 VALUE INDICATION BY THE DIRECT SALES COMPARISON APPROACH $ Page No.7 of 10 Pages Land portion only. • No'a. 4-020 and 4-021 sold. The size was 165, X 310', or, a total of 51,150 S.F 1.174 acres sellingfor $36 000 or 0.36 • 7 per square foot. GROSS RENT MULTIPLIER ANALYSIS OR INCOME APPROACH The Gross Rent Multiplier Approach has as Its premise the translating of monthly rental value Into an estimate of capitalized Income by the use of rent multipliers which reflect the probable quality and duration of the amenity returns . in future years. For residential properties the Gross Rent Multiplier Analysis Is regarded as the Income Approach because It Is based on the capacity of the residence to produce rental income. The Income Approach as used for Investment properties has as its premise the estimation of the amount of the net In- come, which when capitalized In a manner that Is commensurate with the risk and the file expectancy of the improvements will Indicate the present value of the Income stream. Rental Income: Two apartments - $185.00 per month each total $370.00 Lease to Astro Electric per month 550.00 Month to Month Rental to Eastwood Cabinets 550.00 Estimated rental value of space for Union .....400.00 Total Monthly Economic Rent - Gross = S1,87o.00 Potential or renting two vacant offices over the shop bldg. economic rent $85.00 per month for each of 2 units total 170.00 r F Total Monthly Income Potential 82040.001+ i53t} Annual Gross Potential 524,480.00 Less:Vacancy and credit allowance 10% 2,450.00 Effective Gross Income $22,030.00 Less: Expenses, as follows 1977 Real estate taxes $669.38 Fire Insurance Estimated 720.00 Personal Property Tax 30.00 Utilities estimated 360.00 Lights actual 294.30 Gas actual 531.96 Garbage 212.52 Maintenance estimated 600.00 Total Expenses and Estimated Expense $3,418.16 ....... 3,418.16 Net Income $18,611.84 Divide by an overall capitalization rate of 11% $18,611.84 x ,11 - $169,198.55 round to $169,200.00 The capitalization rate considers the rate of recapture of 6.74% returning about 10% of the improvements value each year for a 10 year period - $118,000 improvement value portion is 67.4% of total value of $175,000 and each of 10 years geturn is simply 6.74%. & a return on the investment of 4.26% - however, the rents are low & even at the end of ten years the buildings will be left standing, only the uses will have to change. Furthermore, the land is expected to appreciate or rise in value. The appreciation in land value and rent accounts for what seems to a small return to the investor. I cnnsider the overall rate of 11% a typical rate found in the market. VALUE INDICATION BY THE GROSS RENT MULTIPLIER OR INCOME APPROACH $ 169,200.00 Page No. 8 of 10 Pages to f t • ,meq tw°ht . 6 .' 4 r CORRELATION OF VALUE INDICATIONS Land Only: $ 57,000 DIRECT SALES COMPARISON APPROACH $ TOTAL PROPERTY: $175,000 GROSS RENT MULTIPLIER OR INCOME APPROACH $ $169,200 COST APPROACH $ $177,700 Since a determination of land value is a major concern in this appraisal, much emphasis has been placed on researching comparable land sales. Very few land sales were found, despite an intensive and extensive search. One reason for the lack of sales is the high cost of development, and is compounded by environmental restrictions particularly relating to drainage and the rent levels in the Edmonds area. While this appraiser has relied upon the market comparison approach, the cost approach less a "reasoned estimate of depreciation° was found to be the reliable indication of value. The income was analyzed and the income valuation was used as a method of checking. the estimate of value. It was noted that a sale price was just paid for the subject amounting to $160,000, and that the owners have now . spent about $10,000 on the property. The two tenants, and their own use of the space was considered. FINAL VALUE CONCLUSION Based upon the data contained in this report, the estimated Market Value of this property as of the 30 day of April 79 77 is $ 175,000.00. Page No. 10 of 10 Pages;• AEAL ESTATE CONTRACT + (FORM A-1964) RECORDED BY, SAFECO r LAND TITLE CO. JAN 4 1977 9 A THIS CONTRACT, made and entered into this 28th day of December, 1976 HENRY S. WHALEN, AUDITOR di between E. C. COLLIER and BARBARA M. COLLIER, husband and wife SNOHUMIStje CUUttI ;.H. O hereinafter called the "seller," and DEPUTY UNION HEATING, INC., a Washington corporation hereinafter called the "purchaser,' 1� WITNESSETH: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller the following described t.v real estate, with the appurtenances, in Snohomish County, State of Washington: PARCEL A: The East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 27 North, Range 4 East, W.M., EXCEPT the East 186 feet thereof and EXCEPT 196th Street SW. PARCEL B: The East 66 feet of the North 300 fleet of the West half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 27 North, Range 4 East, W.M., All situate in the County of Snohomish, State of Washington. Subject to: License for construction of cut and/or fill slopes granted to City of Edmonds over Parcel A by instrument recorded January 13, 1976 under AP# 2370908. The tarrns a -rd opnditions of this contract are as follows: The purchase price is ONE. HUNDRED SIXTY THOUSAND and no/100ths ..---..- i'..•--.T'��•^-------------..----.... --------------------------- f$ 160, 000.00 ) Dollars, of which TWENTY PIVF THOUSAND and no/100ths------------------------------is 25,000.00 )Dollar:nave been peid,'the receipt whereof is hereby acknowledged, and the balance of said purchase price shall be paid as foliowa: 0 �THOUSiiD.dNE HUNDRED SEVENTY ONE and 57/100ths----------------- • .,s1,171.57 ) Dollars, mor@ at orchal er'a option, on or before the 20th day of January , t4 77 , and ONE THOUSAND ONE HUNDRED SEVENTY ONE and 57/100ths------------ 1$ 1,171.57 ) Dollars, or more at purchaser's option, on or before the 20th day of each succeeding calendar month until the balance of said purchase price shall have been fully paid, The purchaser further agrees.to pay interest on the diminishing balance of said purchase price at the EfIGHT and 4nT/£ rate oper cent per annum -from the 3rd day of January 1977 , which interest shalt be deducted from each installment payment and the balance of each payment applied in reduction of principal. All payments to be made hereunder shall be made at City Bank or at such other place as the sellar may direct in writing. 19510 58th West Lynnwood, Washington 98036 '•fin, ALL TERMS AS SCHEDULED ABOVE, EXCEPT PURCHASER HEREIN AGREES TO MAKE NO MORE THAN 29% PAYMENTS TOWARD PRINCIPAL DURING THE CALENDAR YEAR 1977. RE& ESTATE 4T AMOUNT PAID �G d •GE' RECEIPT NO -5:1...,_„ JAN 4 1977 NN 31 SIRWA Coo Tren a[ As referred to in this contract, "date of closing' shall be !_ _Deputy January 3, 1977 (1) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as between grantor and grantee hereafter become a lien on said real estate; and if by the terms of this contract the purchaser has assumed payment of any mortgage. contract or other encumbrance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien on said real estate, the ourchaser agrees to pay the same before delinquency. 12) The purchaser agrees, until he ourchose price is fully paid, to keep the buildings now and hereafter placed on said real estate insured to the actual cash value thereof against toss or damage by both fire and windstorm in a company acceptable to the seller and for the sehe,'s benefit, as his interest may appear, and to pay all premiums therefor and to deliver all policies and renewals thereof to the seller. (3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller not his assigns shall be held to any covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be held to any covenant "—mragreemanr-for alterations, improvements or repairs unless--the-covenantor agreement refiad-an-ir­eomamed herein Of is in writing and - attached to and made a part of this contract. (4) The purchaser assumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter placed thareon, and of 'the taking of said real estate or any part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a failure of consideration. In case any part of said real estate is taken for public .se, the portion of the condemnation award remaining after payment of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the purchase price herein unless the seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or restoration of any improvements damaged by such taking. In case of damage or destruction from a peril insured against, the proceeds of such insurance remaining after payment of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of such improvements within a reasonable time, unless ourchaser elects that said proceeds shall be paid to the seller for application on the purchase price herein. (5) The seller has delivered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance in standard form, or a commitment therefor, issued by SAFECO Title insurance Company, insuring the purchaser to the full amount of said purchase price against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the following: a. Printed general exceptions appearing in said policy form: b. Liens or encumbrances which by the terms of this conuact the purchaser is to assume, or as to which the conveyance hereunder is to be made subject; and c. Any existing contract or contracts under which seller is purchasing said real estate, and any mortgage or other obligation, which seller by this contract agrees to pay, none of which for the purpose of this paragraph i51 shall be deemed defects in seller's title. (5) if seller's title to said real estate is subject to an existing contract or contracts under which seller is purchasing said real estate, or any mortgage or other obligation which seller is to pay, seller agrees to make such payments in accordance with the terms thereof, and upon default, the purchaser shall have the right to make any payments necessary to remove the default, and any payments so made shall be applied to the payments next failing due the seller under this contract, 5 ± (7) The seller agrees, upon receiving full payment of the purchase price and interest in the manner above specified, to execute and deliver to fulfillment purchaser a statutory warranty dead to said real estate,. excepting any ` part thereof hereafter taken for public use, free of encumbrances except any that may attach after date of closing through any person other than the seller, and subject to the following::Y t� License for Construction of cut and/or fill slopes granted to City of Edmonds over Parcel A by instrument recorded January 13, 1975 under Auditor's File No. 2370908. 19) Unless a different date is provided for herein, the purchaser shall be entitled to possession of said real estate on date of closing and to retain possession so long as purchaser is not in default hereunder. The purchaser covenants to keep the buildings and other improvements on said real estate In good repair and not to permit waste and not to use, or permit the use of, the real estate for any Illegal purpose. The purchaser covenants to pay all service, installation or construction charges for water, sewer, electricity, garbage or other utility services furnished to said real estate after the date purchaser is entitled to possession. (9) In case the purchaser falls to make any payment herein provided or to maintain insurance, as herein required, the seller may make such payment or effect such Insurance, and any amounts so paid by the seller, together with interest at the rate of 10% per annum thereon from date of payment until repaid, shall be repayable by purchaser on seller's demand, all without prejudice to any other right the seller might have by reason of such default. (10) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with or perform any condition or agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein required, the seller may elect to declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments made by the purchaser: hereunderand all - Improvements placed upon the reel estate shall be forfeited to the seller as liquidated damages, and the seller shall have right to reenterand take possession of the real estate; and no waiver by the seller of any default on the part of the purchaser shall be construed as a waiver of any subsequent default, Service upon purchaser of all demands, notices or other papers with respect to forfeiture and termination of purchaser's rights may be made by United States Mail, postage prepaid, return receipt requested, directed to the purchaser to his address last known to the sailer. (11) Upon seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, which sums shall be Included in any judgment or decree entered in such suit. If the seller shall bring suit to procure an adjudication of the termination of the purchaser's rights hereunder,. and judgment is so entered,. the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, and also the reasonable cost of searching records to determine the condition of title at the date such suit is commenced, which sums shall be Included in any judgment or decree entered In such suit. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. iGMer is (SEAL) ier —IN F T G .INC , a shington Corporation y �_» ^ (SEAL) STATE OF WASHINGTON, - .t�rISEALI Cougty gf,;.q l homish ....... ... ally appeared before me E. C. Collier and Barbara M. Collier • oto $iaiktlyiu�,?c thdindividual S described in and who executed the within and foregoing instrument, and acknowledged that signed the same as their free and voluntary act and deed, for the, u as fherain mentioned. . GI VEN�uFl r. 'y hand and official seal this ✓ day of Notary hibiic to a jor the rare of leasirilgton residing at ` SAFECO TITLE INSURANCE COMPANY SAMCO Filed for Record at Request of Escrow.Department NAME - Land Title Co, of Snohomish County, Inc. ADDRESS P. 0: Box 1145 1506 Wall CITYANDSTATE Bverett, Washington 982,06 77010400 51 THIS SPACE RESERVED FOR RECORDER'S USE FACE CHARLES W. SHEPHERD JAMES W. DAVENPORT SHEPHERD 8 DAVENPORT ATTORNEYS AT LAW 112 THIRD AVENUE SOUTH EDMONDS, WASHINGTON 98020 August 2, 1977 City Council and Planning Commission City of Edmonds Rea Cassell Addition P-3-77 Gentlemen$ On behalf of Union Beating, Inc., the contiguous property owner to the proposed five lot plat of Cassell Addition, we must strongly object to the said proposal for the following reasons$ 1. The plea, as proposed, landlocks a Mise- able portion of the Union Boating, Inc - property which is presently sonsd for residencest 2. The alternate to provide accessthrou h commercial property is too cost not feasibles 3. The proposed action reduces the value of the present property of Union treating up to SO♦a d. The proposed action jeopardizes pending sales and development of the Union Beating, Inc. property* We urge the City of Bdgonds, by and through its City Council and City planning Department, to deny the proposed Cassell Addition plat referred to as Pile P-3-77. Very truly yours,, Charles We Shepherd CWSaah 1�W9w t 1 1 i t t"Cw�^�Y 5 { F Curtis N. Martin, President J\�'� SAND GRAV61YGRUS{E r-�M 111 Phone. (206) 778.3106 EXCA�/AT1NG tFSI TRUCKING. Y7 2915 Alderwood Mall Blvd. LYNNWpOD, WASHINGTON 98036 4 r�r September 24,;1985 Bob Midkiff ` 7833 - `196th St. S. W. Edmonds,, WA 98020 P.R0P0S"Ah_ Removal"of 2 buildings and all asphalt from 7833 -.196th 21, 780 :, Square Feet' of Asphalt I building 90 x 45 w bailding 186 x 60 \To permits J ncluded, 'ojtal Bid .....a ..... . .$361883.: 1.6 Plus applicable taxes Acceptiai of this proposal must be recieeved:by C. Martin'Trucktnq" r c�,xr 30. 1985' i� ;.'L1I't15 IST. M%3l"tiYl', { Pres -dent lcc r r x (/ 4 / err P.O. Box 308 Edmonds, Washington 98020 U.S.A. (206) 775-4588 July 13, 1979 L-849 Snohomish County Board of Equalization Everett, Washington PARCEL: 182704-4-043-0006 SUBJECT: 1979 Tax Appraisal if We feel that the appraised value on our property and more im— portant on our two buildings is excessive under the special conditions placed by the City of Edmonds. Drawing No, 6231, Sheet No. 6 shows that this parcel in fact has two different zone requirements. The front half is zoned RML and borders on 196 SW, while the second half is zoned RS -8 and is landlocked. �. The buildings on the front half are nonconforming and do not lend themselves to be made into apartments. The buildings will not take a second floor. It is questionable if the city would allow another professional center in the area. On June 20, 1979, a conditional use permit was approved for one lot east of us with restrictions. The city also will not issue a building permit for additions to existing structures. We have no alternative but to tear down the buildings by May 3, 1986, and subtract that cost from the value of the property. L Snohomish County Board of Equalization July 13, 1979 Page Two The county entered into a verbal agreement with the former owner, Yr, Jim Collier, that if the City of Edmonds would issue a letter confirming the economic life of the buildings, the tax base for the buildings would decline to zero by 1986. Rental of these buildings will be difficult during 19$5.and 1986, due to the deadline. The back section of the lot is zoned RS -8, for private homes only, and was completely landlocked when the city allowed the road coming in from the east to be vacated, over our protests. We had an attorney help us in that matter. Drawing No, 6231, Sheets 1 and 3 show several methods of ob- taining access to the lots. Sheet No. 1 shows by buying a lot with a home to the west at $65,000 and including a small parcel of land 66, x 300', which we own, we can realize six lots. The cost of the access property, moving that house and installing a 40' right-of-way puts the cost of the lots very high. We ' tried to get $10,000 per lot for the five lots and everyone just laughs. An alternative is shown on Sheet No. 3, which indicates a 40' right-of-way through RMS property. The RMS property loses seven potential apartments and cuts value of the front lot by one-third. This again loads the back lots to a point that we would have to place the present value per lot at zero. We, therefore, wish to submit that, under normal conditions we ! would have no argument with the appraiser's value as it looks i very fair but, due to the definite restrictions placed on us i by the City of Edmonds, we must protest. t L r 7.Y 7S ?C '7 7 71 i 70 /hopWA3 *L1 gs� 96 i i .87 . o 112 01 ` eo 0 ot�0 3 d, IN o 74 7Y! Q 7b '7L/� 070 1 y� 0 -t O I q 6� rr p Q tJrG t7l�✓65 7b Jrj-K eVL11-14 S i !L� 7 00 3 3 oa , S3 �d'o ! 00oe2,,1�i z- 33j40o.. GY,z'ta BY,000 17ZLs� $'y1 voo ZS'`ffv?o L e7`� �t f 0 p Cy �7't1/x^L.L*.� l3UJc.prµGb.1J 6 7-0 rC lJ 9.L� Ai _ .. ,..... _.. .... _.::.:. ...a: 1�71/yl,P6_ PETITION TOTHE CITY OF EDMONDS FOR AN EXTENSION OF AN EX 'IS` lNG NON -CONFORMING USE The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective signature. do herewith petition the City of Edmonds to grant ROBERT AND HELEN MIDKlFF, as owners of that certain real property in Snohomish County, Washington to -wit: The East half of the southwest quarter of the southeast quarter of the southeast quarter of section 18, township 27 north, range 4 eAST, W.M. . Except the east 186feet thereof and except 196th street S.W. and The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, 'Township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of Washington. (commonly known as 7833 -196th street S.W , Edmonds) an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. Signature Name Printed Address Phone -1 j INVAd � S%Nwi iNio 1 P M&0,11 _'P 7 J-4 k 'J'_/ 0 I ri fJl �f' �P"" ze, ru JA nl& D2 I P t A'5 5 W lo sr 7 92-o - 1 ?3 R -D R, S', W 77 - 95 wiL 3_6#A)66o -M�o- 123-p/-:5.60. -714 00 1w_ 77791 t PETITION TOTHE CITY OF EDMONDS FOR AN EXTENSION OF AN EX 'ISTING NON -CONFORMING USE The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective signature. do herewith petition the City of Edmonds to grant ROBERT AND HELEN MIDKIFF, as owners of that certain real .: property in Snohomish County, Washington to -wit: The East half of the southwest quarter of the southeast quarter of the southeast quarter of section 18, township 27 north, range 4 eAST, W.M. Except the east 186feet thereof and except 196th street S.W. and ; The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, 'Township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of Washington. (commonly known as 7833 -196th street S.W , Edmonds) an extension of the present non -conforming use of said property. By our signatures below we petition the City to f' permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. gnatu.e Name Printed Address Phone t�i7rvtdtiJs u.� s- -7 -7 �:: f�/rUt✓!r 5 U�t111� y�U %�1�1� 06tH SW 13 u 1A i _ ;f � s` / r GSL S i 7 * 1A74' -, ,G: 1_211�11,R6— PETITION TOTHE CITY OF EDMONDS FOR AN EXTENSION OF AN EX'ISTlNG NON -CONFORMING USE The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective signature. do herewith petition the City of Edmonds to grant ROBERT AND HELEN MIDKIFF, as owners of that certain real property in Snohomish County, Washington to -wit: The East half of the southwest quarter of the southeast quarter of the southeast quarter of section 18, township 27 north, range 4 eAST, W.M. Except the east 186feet thereof and except 196th street S.W. and The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, Township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of Washington. (commonly known as 7833 -196th street S.W , Edmonds) an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. Signature Name Printed Address Phone -27 9,;!2 2 Pe- 27Y-5- -3 6_.fflff:, �' VJALDj3�V_66TZ._ A - (z 5W 5b 7 PETITION TOTHE CITY OF EDMONDS FOR AN EXTENSION OF AN EXISTING NON -CONFORMING USE The undersigned owners and/or purchasers of the property bearing the common address set forth opposite each respective signature. do herewith petition the City of )Edmonds to grant ROBERT AND HELEN MIDKIFF, as owners of that certain real property in Snohomish County, Washington to -wit: The East half of the southwest quarter of the southeast quarter of the southeast quarter of section 18, township 27 north, range 4 eAST, W.M. Except the east 186feet thereof and except 196th street S.W. and The east 66 feet of the north 300 feet of the west half of the southwest quarter of the southeast quarter of the southeast quarter of the section 18, Township 27 north, Range 4 east, W.M. All situated in the County of Snohomish, State of Washington. (commonly known as 7833 -196th street S.W , Edmonds) an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 60 months beyond the present deadline of May 3, 1986. Signature c r� Name Printed Address Phone 77 7 ~ .'`�GIeA/0 11111..4 11cf ���rao VG1vtzri.4-7kZS�A )QI SLc.J '7716 7'�`6 CITY OF EDMONDS LARRY S. NAUGHTEIN!,,;, 250 5th AVE. N. EDMONDS, WASHINGTON 98020 P6) 771- 3202 MAYOR COMMUNITY SERVICES PETER E. HAHN 1985 uly 25, J L/Tl: P.O. Box 308 Edmonds, WA 98020 pE: EXPIRATION Op NoN-CONFORMING USE This letter is to notify YOU that the present commercial use of your property must be discontinued by May of next year, as required bythe Edmonds City Code. In 1971, the City passed Ordinance 1550, which established a fifteen year period in which non -conforming cammerclial uses in residential zones would have to cease operation. The end of that fifteen year period is May 3, 1986. The Edmonds Community Development Code allows the City to consider extending the fifteen year deadline, under the provisions outlined in Section 17.40.010 (8). A copy of this code section is enclosed for your information. If you decide to apply for the Extended Awrtization, you must file your ccmpleted application for processing before the May 3, 1986 deadline. J If you have questions regarding this matter, please contact Duane Bomian, Assistant City Planner, at 771-3202, ext. 254. Mary Lou Block enclosure PUBLIC WORKS PLANNING PARKS AND RECREATION ENGINEERING t Rai Robert & Helen Midkif.f 2000.1 76thW. Lynnwood, WA 98036` Complaints received against the property at 7833 196th S.W. Edmonds ry l 1) When we purchased this property, motorcycle use was j uncontrolled by the police or the original owner. We put this under control and stopped all motorcycle usage. 2) Water running off our roof, and the roofs of the apt. on the' west side. There was no solution until the drainage was in-, f stalled across the back of the property. i We agreed to put a 611 line, at a cost of $4,00rich , drains along the fence with the apt. owners. en 1 came time to pay, they refused. We paid the whole thing with no. continued dispute on our part.' 3) Mr. -&-Mrs. Woods, at 7923 194 PL. S.W., complained'about.large quantities of surface water comming across their lat", threat- ening to wash aboder the foundation of their home. It was, bad. We hired two men in the rain to install a temporary 6" flex line to drain this water around their home and down to :the ss 1 street. The Woods proved no monies or help in this project. We found that the water was coming across our property,.from the east, over the concrete wall, thru hoses and thru holes drilled in the wall by unknown persons. The city asked for an easement across our property, for a 1211 culvert and 3 manholes. This we gave with out cost to {the city, as there was no other reasonable solution for .the i homes to the east and to the west of us. The city worked with us until completion. The contractor never leveled the ground and also left the manholes above grade so little or no drainage could occur. After several I complaints from us and our neighbots, we gave up. The, job is still not complete. We had dirt brought in to minimize the water drainage of our property on to the lots to our west, including the Woods property. 4) From time to time Mr. and Mrs. John Couilliard, call about unsightly trash collecting in our yard. We get on our renters and they clean it up. We share in the cost for the large dumpster used:by the back ,i building to provide trash removal. We appreciate the call and see that it is normally taken care of in a week. 5) Mr, Gary Greig, of 7802 194S.W. is home all day and has just .. had major surgery, He and his wife have complained about noise and bad language by the employees on the back ,buildirig We have asked them to call us at any hour about this, and k F 4 LEGAL DESCRIPTION OF PROPERTY IN QUESTION' ;S 4 fhe Southwest The East half of the quarter of the Southeast quarter of the Southeast quarter_ of Sect%n ;. 18. Township 27 North, Range,4 East, W:M. EXCEPT the East 186 feet thereof and EXCEPT 196th Street S.W. a n8 The East 66 feet of the North 300 feet of the We,sC half of the Southwest quarter of `the Southeast ,quarter of the Southeast quarter. of Section 18. Township 27 . North. Range '4 East, W.M. All 'situate in the County of Snohomisri, State' of Washington. i (Commonly known as 7833 196th Street, S.W.. Edmonds. j ,4 j 3 to S . }'if a z 00 81 st -P L, W vj N4- )> L wo cn, 77 /Zcr -1 80th. AVE. W. ol PARK ADD. TO EDMONDS (5396) "m WA leo IT x��' 721 -x,59 PETITION TO THE CITY OF EDMONDS FOR AN EXTENSION,OF AN EXISTING NON -CONFORMING USE The undersigned, owners and/or purchasers of the property bearing the common address set forth opposite each respective signature, do herewith petition the City of Edmonds to grant ,ROBERT and HELEN MIDKIFF, as owners of that certain real property in Snohomish County. Washington, to -wit: The East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 18. Township 27 North, Range 4 East, W.M. EXCEPT the East 186 feet thereof and EXCEPT 196th Street S.W. and The East 66 feet of the North 300 feet of the West half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 27 North, Range 4 East, W.M. All situate in the County of Snohomish. State of Washington. (commonly known as 7833 - 196th Street, S.W., Edmonds, an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this non -conforming use for a period of 36 months beyond the present deadline of May 3. 1986. Signature Name Printed Property Address y - 0 0"Iq .zj 7X2 I - D 1'9_6 S' /WADS lel"111 7 -7 1 J-110 C—CIL'I'l. 992 Z 2 L 5'c . 7$ryV;)j 17a/ 7 rs- 1,39-C 7-7e-7771 112-6, 634 77Y417S- 74?o-- (7"1Z, PETITION TO THE CITY OF EDMONDS FOR AN EXTENSION OF AN EXISTING NON -CONFORMING USE The undersigned, owners and/or purchasers of the property bearing the common address set forth opposite each respective signature, do herewith petition the City of Edmonds to grant ROBERT and HELEN MIDKIFF, as owners of that certain real property in Snohomish County. Washington, to -wit: The East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 27 North, Range 4 East, W.M. EXCEPT the East 186 feet thereof and EXCEPT 196th Street S.W. and The East 66 feet of the North 300 feet of the West half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 27 North, Range 4 East, W.M. All situate in the County of Snohomish, State of Washington. (commonly known as 7833 - 196th Street. S.W., Edmonds, an extension of the present non -conforming use of said property. By our signatures below we petition the City to permit this n ' on -conforming use for a period of 36 months beyond the present deadline of May 3, 1986. 44orrature I Name Printed Property Address 77 -6 9?0.:2_ lel'yz�3' 0 -r- I 4-- C C 5u) /7 -7g 0 776, 36,f7 �9Z'7j- 19,4-111 P(. $tZ hS,26 1?41'e SIV -7, q-121-6SW zisa".A' -- r� -do ' )VW, D •- \�. 16 � 1 1 I I I I I I t I �a J3 I Jct 20 J 122 I 23 I 4125 x 193rd. PLACE SW. � I i J..S�ur.�/Ir'dtAMD 16.Jse.� � ..faa.+vtoN I G'a,vrnmvr. ! !Rd'rvM.w,v�l .! arm ! � .BddJr � I `'" i7 'r q FT .. f� \ 8000 U 1-11,11, i, \•� q 24 I23I I r2 PARK DD >�C� I 8001, 194th. Sr S W. 8000 46, .2 d ` 6000 195th. TST S.W.. oo 'R0r �T E I7HL7�ilAI�, r ri "I \AW 3RD ADD. ( `� 196th. SLP S.W. _._.....�....e.. ._. , T— � 1 Data: July, 9' 1982 Client: Robert MidkiPPi Owner U.H.I. SYSTEMS, INC. I by: David F. Spiers, S..R.A; P.O. Box 2378 Everette WA 98203 (206) 355-0482 ... _. Y 'T r i �. DBI Systems, Inc. 7833 196tb S.W. Edmonds, W83R, Dear Mr. Midkiff: ' Attached hereto is the appraisal of the property ' ' which is located at 7833 ~ 196tb S.W., Edmonds. The building is occupied by DBZ and Astro Enterprise. I have personally inspected the property, gathered ~ ` the market data and aoalyded the property for the ` market value (as defined in the report). The appraisal has been considered as the market value ` for the property at its highest and best use, nbloh is ' commercial. The Edmonds Planning Department has said that the property can probably remain as commercial _ for an indefinite period of time. Before finishing construction of the second floor, one should complete _ the application for a conditional use permit. The market value is considering the property "as lo", of oouzoa. the "potential" is considered of the unfinished ` second floor offices in the "front building". �K Subject to the assumptions and limiting conditions contained herein, the market value of -the property ' as of July 9, I982 is: � Two Hundred Fifty Thousand and oo/IODtba--------- Dollars ^' ^ ` ($250,000.00). | Respectfully submitted, ' ! " ' ! U Davld F. Spiers, 38A Highest and 8oat Use: The present use as commorcialoffioom` and shops is the most economically profitable use to uhioh the property can be put and this use will be allowed by the City for an indefinite time. | Location: Northiade of 196th Street S.Q. about 1/2 block � | from 80th West on o botow grade lot with direct ' l � access. ' _ ! Brief description: Lot is I441 on 196th 6W and 620" depth ' � or 87°280 sq°ft° olue a pozool attached to the 1� 6�^ � 3OOv or l9 OOO eq.�t~ The . northweste nd ° | totml acreage is 2°5 aoroao more or laaa^ There are two (2) buildings on the site both of | which are occupied and the mostly southerly building ! has been gutted on the second floor down to studs The owner plsmd to complete the construction and to ` lease or rent the additional apeoo for $600 per month. � Appraisal: "as is" condition,, the subject property has a \ market value of $250*000, as of July g^ 1982; that is: ) Two Hundred Fifty Thousand F1Qe Hundred and nn/lOOtho . Dollars ( )= Certification - in the report. The Appraiser certifies and agrees that: l^ The Appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property. 2° The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the participants to the sale. The "Estimate of Market Value" in the appraisal report is not based in whole or in port upon 'the race, colory or national origin of the prospective owners or occupants or the property appraised, or upon the race, color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3^ The Appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the ' Appraiser's knowledge and belief, all statements and information in this report are true and correct, and the Appraiser has not knowingly withheld any significant information. 4° All contingent and limiting conditions are contained herein (imposed by the terms of the assignment or by the undersigned affecting the analyses, opinions, and conclusions contained in the report). 6° This appraisal report has been made in conformity with and is subject. to the requirements of the Cuda of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. � 6. All conclusions and opinions concerning the real estate that are oat forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report, unless indicated as "Review Appraiser." No change of any item in the appraisal report shall be made by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any such unauthorized change. David F. Spiers, S.R.A. ii CONTINGENT AND LIMITING CONDITIONS The certification of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. l~ The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title there- to, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. « 2° Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the nroporty. The Appraiser has made no survey of the property. | 3. The Appraiser is not required to give testimony or appear in � court because of having made the appraisal with reference to the property in quost1on^ unless arrangements have been previously � made therefor. - 4° Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and aro invalid if so used. 5" The Appraiser aaawmou that there are no hidden or unappacont conditions of the property, subsoil, or structures, which would render it more or less valuable. The Appraiser assumes no responsibility for such conditiona* or for engineering which might be required to discover such factors. 6^ Information, ea±imatea" and opinions furnished to the Appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. 8° On all appraisals, subject to satisfactory completion, rapairmv or alterations, the appraisal report and value conclusion and contingent upon completion of the improvements in a workman- like manner. lii F { '� r�^s'' J t9 yst _ - _ k � ��. } 1 ? - � � Y� �a ,. �i S ��' ". . " � . � � r3' ..�;� t ,.fa .,.r t l t IDENTIFICATION AND APPRAISAL OSTENSIBLE OWNER Union Heating, Inc. & U.H.I. SYstems.,.Inc. i PROPERTY LOCATION 7833 - 196th Street S.W. Edmonds (Snohomish County) Washington 98020 PURPOSE OF APPRAISAL Market Value - Settlement for Ownership' DEFINITION OF MARKET VALUE The highest price in terms of money which a 1. I property will bring in a competitive and open market under all conditions.requisite to a ! fair sale# the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation, of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby; (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each actinin what he consi- ders his own best interest; a reaonable time is allowed for exposure in the open market; (4) payment is made in cash or .its equivalent; (S) j financing, if any# is on terms generally avail- able in the community at the specified date and ty ical for the property type in its locale; (6� the price represents a Normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, i costs, or credits incurred in the transaction. i "Real Estate Appraisal Terminology " `r published 1975 3 v ~ � ~ PROPERTY RIGHTS APPRAISED ' , ' . Fee Simple Estate APPRAISAL PROBLEM To estimate market value under present oondltinna f, for the buildings in "as is" condition. The ' Appraiser must consider the current zoning' and policy of the City of Edmonds. The Highest and Best Use analysis considers the / buildings as they ara presently used and also considers that the City of Edmonds will allow�! the buildings to be occupied and used without` change until such time as it becomes vacant and has substantially changed. ` The Planning Department said that the code grants the City the right to force the owner ' (through abatement) to make the buildings conform to the code, as apartments, or to tear them down after 15 years from annexation (1984)� after legal notice and three year waiting period which can be extended upon appeal. However, the City does not enforce this cuda: they allow the subject's use to continue. This is commonly called a "grandfather clause" when the City allows old buildings and uses to � continue although the use does not conform to the zoninQ Current policy of the City Planning Department ` is that the Planning Oirector^ Mary Lou 8lockt vi F�tf ylr. 1;?itd. r' can allow certain uses and in 1979, a C.P.'A. ' was granted a "conditional use" permit 'to'use;:,' part of the building for professional offices. Discretion of the Planning Director and City policy can determine if building permits are issued for the expansion of the second floor offices in the front building. The entire second floors unfinished remodelling - wood framing and subfloor only - probably one-third complete and requiring typically considerable expenditure for labor and materials to complete. p i LEGAL DESCRIPTIONS 1 182704-4-043-0006. East half of southwest quarter ofsoutheast` quarter of southeast quarter less east 186 feet. thereof in Section 18, Township 27, Range,4, E.W.I., containing approximately 2 182704-4-044-0005 North 300 feet of east 66 feet of west ofn southwest f of southeast of southeast of`. Section 18, Township 27, Range 4, E.W.M. containing approximately 0.45 acres, more or less. �s �aF r � 4 qF tib% yj. lil v i i i' M 1 n;< l 1 ST. S., + u.l. Y Y Y° ,�•� "4lf Y. ,Na ri s x t•, f K � `,i1'..S �/ ,• .- .�•.- s 1n�Nu NL. tUn SL 5 Wlot �, TSI 1. rk,•��. ,,2 s �Y 1. SWN a�.ruin Wig] �/ f +{� �� h V1Nd °i �1 i l}r 10M. ` tats t �r s i l J 1 7'L, i JQ�, +t I ep(tt 7i� s. t 4`ntr. �ws Ylbi ILLL!lj,k sw s l� S .x t>:.�W s.w. -�� i SN.a.Wrw; L ya („ll SOUND �� Y O era„ 7•.. _ Ii f KPM 4 - �"7r z z 1IYy a x lam..._. ytgy tl Xt' F, W. 5 -1 -M I � ��' •� �„�. rvkltt 3t1 sw� nLercEw it4TH S7' S.W. .r y`ctry r.KK' ;!p u}Ct.. ”"s s , { Trs..es r+C __�m,p uryL.a. - •,��Q [sr. / Ya' $ '� ti 00 �aw•` r�lf'`l "•'� Illl rYt 'y{tp�Y' >I���iiZSI. `,r.lY. L'' tW NUI ��r1�3.W NNC S INx41" �. 8 > ^a ( ISJlrv�sw.p .. • t Er ~r„ u,� 2�j�`i9 BQ$T� 3AR.K "I /J//e�u1 ,cl. Is.ru s.w. tglrlJ Y7 t 18/FjL .W.' p�,'X 1 {EXCEl514R PL. '• T S.W. riir� rlv5,h t�° a i u. 4 }' '�N�.GS M E6. Y q• LEY AJ. Y!...pIY 1 - x ` r ,� �j ,d- : I V .;^e l � !u OOX ER i vtE D s_ ; I y�.(r x'�•j y� i �x�1t r 98l t.1 fir. z� ("99 ..x W ut `�' ;. d 4 t W�� i`�,' `1vST10 Si S W. ; a u (Szs .IwLL < vlsrl t 5'._QQT}I , 5II �y7o_' ` lOt�_ lUUlun Aln ^W 1 yr •,Y .P •„�t'L jp' Sf Pt.. .. �J A Car6.u113. .58$S`Agh I1� � -s 2111'y"L �L�PI�• SW ._ _..S { iuid..Wbr llftyMA ) N. du2NOp(_y tv;- d M�� f _ 1 4 �i r` r • , , . ^� b44ou . MR1.' L rINB't • Nr' rl n. MIN .rr . ?j _ . p� dTP N ^ W TM PL, tS' � c, i' - !+'�� r ir. N' T H ra ELL sPaUC .Y "S G k t( C to LAua , N Y t U EL1 A AM" 4�yt l _•.� �I • Ill ti[. i, SGCMO � .,�rl'u .I "W•q Nunn. I ir! _ _ ��pj'�j �y, r ,, ,yam, •. ' i s lar F Fes- : ` s T Yt9C k > m < u 21rTn HId 40TH P `Ir ¢ 22 I ST PL. S. )4 x w! ST rL.IN 9 w IRC {, � 7310 6L S. w.LM luTi I .or �N 1. „s . x c, •,. ¢� � � � "`FI• t�y� �-� - s`".jlfi 7 k �WWW� tip ?.� Tw ,t.rr. LJr,� , ri r�jlr zr 1 r" t3Q «Kai! w?L ^ Ito i*•.I + _ • 2J),51, PL. �.W: < f� � �. r � ',�1 4 +'".Ji~ SJ" N! yW �r tJCN}+1....iiil6iC` -� ,� �Gr� t N taf<r Y.Nmwr ,ti.N NL. Nxur (�p��L Cl— GIYC i 3 a � [3AT� .S I' ( �•�' 'i. mur � ' ii"rQ�Bal l;.wa O.ar r L�'Q I1� LOTUS LA. K 2111H CL. R T rc i>_ r, x y LAKL Nt1+E TFAOPJaE i �,�^, E r ti9itiS3 a i hs—j ratxu 14 uiti +thL L4At.L1TjGN.7L �7}� 'ud f �+T4 r . MH P w. mmx� 4.Ct✓ ! " I Q.{ Tor I+n' ;r,sl t•� 5. } V11.1 FRONT VIEW from 196th SW showing Collier 81ld in front and Bldg. 2 in back (to the north and right in photo) DEAR VIEW Front of property - Collier 8ldv Looking at subject's northeast corner PHOTOS OF SUBJECT 7833 - 196th St. SW Edmonds, WA 98020 Gid ix NORTHERLY BLDG. Looking at the south side of the building which is in back of the Collier Bldg. REAR VIEW of the building at the north and of the subject property. Photo looking at the northeast corner* � PHOTOS OF SUBJECT PROPERTY x LOOKING WEST Driveway of the subject property. Next property is Chipperfield Apts. at 7801 — 196th Sy Edmonds, UA Apartments and homes in the neighborhood. LOOKING [AST PHOTOS OF SUBJECT 7633 — 196th St. SW Edmonds, UA 98020 up 196th St" SU Showing some apartments and some small office buildings & single family residences. Commercial proportie shown at the corner of 196th St. SQ and 76th West in the distance. ` ' \ /-` DESCRIPTION OF THE CITY AND NEIGHBORHOOD - ' ` The Market Value of the subject property is directly �^ affected by the interest rates and the economic ' recession in Edmonds. The politioal» social and economic forces are influencing the demand for the ' limited supply of commercial property. The policy of the Federal Reserve Board is to consistently restrict the money supply to cause the interest rates charged by major banks to fluctuate around lGJ% to 17% � (prime)~ National monetary policy of the Reagan � Administration is to reduce federal spending, but actually the nation is deficit spending* and or couroe, � the federal government is borrowing funds creating � compounded high rates. Because local businesses believe that they cannot operate on high loan rates, some atop borrouing° Moe±v however* are forced to borrow. Unemployment is occurring as businesses layoff employees or close down" Currently* Uashington State is the third highest in the nation in unemploy- ' montv and Snohomish County is at about the 14% level � with construction and lumber products industries affected the most. Politicslly» the nation and local governments are conservative. Inflation, which has been rampant for o slowed yed oona�dermbly. l the past fifteen years or mormv i ° Socially the Edmonds area is stable, but even here therm are more vacancies and many small businesses are / working from home or declaring bankruptcy. The ! economy ia in a deepening recession with local home � loans at 16J% and very fou sales. N.E.B.A. reports ! one home sells for every nineteen listed, and most are � seller financed. The auto sales and retail sales / I E F CONCLUSID N t 4 Y.? �i lately have increased slightly. Despite announce.. ments that the economy is improving, however, there . appears to be more recession ahead for one or two years more unless loan rates and favorable financing { becomes available. Commercial real estate loans are difficult and expensive to obtain. Therefore, the effective demand for the subject property is reduced. by a recession and financing. The economy is in a politically conservative climate with a tight monetary policy. The result is a local recession and unemployment (around 14%), but a cessation of inflation and a gradual lowering (an overall pattern) of the prime rate and the federal fund rate. Socially the Edmonds area is stable and Edmonds is a better -off economic area than other parts of the county. Demand for the subject has been reduced and the time to market the subject is now, longer, Values are in a stable to downward position. ;i 2 324tIZZ 40 do F!SH 25 324— 50 t36 65 11 1i 89 I7 82.60 E 2.14' 2 19 lb iz 11 60 60 JDE 16 ?A 5 140 13 10 11 0 w A EL��-- 80.2� 1, -12 11 630 50 9 10 11 12 191ST PL. 2 to ks 80.17 I so 12 12 1215may go,2N p �0 11111 .191 ST ST SW D 114 r�' 1 1 2 3 4 1 5 G I e j 0 to 80 41.30 14Y n b0 so I is 121.)4 14473 -EDAr, TR'S % 10 1 C, 5 4 3 Z. 10 �.Z, 94 -- " / L, 254,37 1b" .*'� `y. I _�ti 70 lot,% t. s1Jos —T 6 'q z j!1 -4 60 e -— :p 7 ;t i GV '4?1 -T I so as 107 1 Z 4 192ND PL. S. W.-- Douglas -ibb 1 52 �i Ac. '4 67 45 73 i3 2 25 24 1 23 2 21 20 J 1 i 19 18 17 1 fG A?A$ 7A er- 37 72 M 16 n 1723 24 o 25 ZG 71 Thos.A. A. A VC M -A-1 193RD PL. S.W. '70 -to 60 7 1 1447 14 41 so 'JAI. W. 30 'E IT7 inq It I m - I -- 4 Iz 1 10 7 3 2 -4 71 TRACT" PARK ADD 41 BEILT ADD NO. 2 7 6 6o Z 24 23 4 7 65 3 2 to 19 41 14o i4o 41 YR., q U 'ri4z w 194 61 00 86 1 1 Sam 85 1194TH,"PL Jr 22 720 15 18 70 ILLJ= 91.1z 68.564 1 > 414 1 (�D ILLJ �11 7 7S- 5 53. "ST z u T95 51 LU 146 45 6 w 01IR 11Z.56 0 8 7 6 NtNf 14 11 7 4)), JP jo tk -U 0 M 0 B M-9 �Z' - 14 A 13% Ep r��i 1;�i4 <1 Wf 5G ti 6 86.57 86 S -VI4 3 kl a U5 SITE DATA LOCATION: Union Heating & U.H.I. Systems, Inc. property is located at 7833 - 196th Street S.W., Edmonds, Washington. The location is below street grade about 15 to 20 feet. The neighborhood (refer to photos) is mostly multi -family or single family' housing. The street is a major wide two -lanes arterial with left turn lanes and on street- parking, curbs, walks and street lights. , SIZE: 2.5 Acres approximately FRONTAGE: 144 front feet on 196th Street S.W. ACCESS: Direct access via two driveways. UTILITIES: City sewer® water, PUD power, GTE phone, Washington llt. Natural Gas main and cable TV is all available. 1 Most all utilities are connected. ZONING: RM 2.4 - Multi -family, 1 unit per 2400 square feet back 310 feet; RS8-Single Family Residential wl. thereafter. "Grandfather Caluse10 for existing use. BUILDING INFORMATION: The buildings are both commercial shop and office uses. Built in 1956 for Collier Machine, the original building was recently roughed -in for office space on the second floor remodelled from apartments and expanded somewhat over the shop. The owner plans to finish and install a heat pump. The rear building is rented to Astro Electric. More details on the buildings and the market value of land based on comparable sales follow. 4 4Z" , E, fly ',.. ,t k 5 k4tz'• C1 '%I i a�a�e Real 4C k' �f r Pf9LL ierd ea ✓�ppraiain� •s and oneuir`tnqeruiced K P.O. Box 2378 Everett, Washington 98203 Phone (208) 355-0482 63,000 SF RS 8 M1 Subject Site Sketch E 210' 300' Zoned 1441 kK RM 8 Bldg. 196th Street =,.W. over line 660 of zoning 5 t i Zoned i4. RM 2.4 i 3101 610' ,t i 44,640 SF RM 2.4 a` 63,000 SF RS 8 � E ,i 1441 196th Street =,.W. 5 t i4. MAN ' .e .,.........,.. .... ..n,5 x... .P e..+. _..,,,,,,,,. «.K ........ . ........ r mx . x ...,. .. __ . L. tv LAND SMEs i. 4 1. 5111 194th Street S.W., Lynnwood, WA: This lot sold on 1/11/82 for $35,000. It is zoned RS 9600 with commercial potential at $1.25 per square foot. This property is inferior to the subject, however, With no exposure or frontage on 196th and no use as commercial without a Lynnwood rezone. This sale indicates allowed y the value of the subject property is twice the value, ori`'' $2.50 per square foot, as the subject has commercial use and exposure along 196th. 2. 18930 Highway 992 Lynnwood, WA:i,K <9; This property sold on 6/12/81 for $100,000. It was zoned f General Commercial; the lost size was .31 acre or 13,504 square feet. The improvements on the property are 62% of the value and the extracted land value is #638,000 or $2e81 t+; par square foot. (It is on Highway 99 and so has good exposure). tt: 3. 8410 Dain Street, Edmonds_, WA: ,... r-. 4. 23028 100th Avenue West. Edmonds, WA: This sale occurred 4/20/81 for a price of $210,000. It is a former bank site and sold for use as a clinic With an existing 2314 square foot office worth approximately $80,000 and land $130,000. The land at $130,000 34,II00 square feet $3.82 per square foot. The site, however, is level, landscaped and has good exposure. RECONCILIATION Four land sales show a range from $2.50 prat square foot �. to $3.82 per square foot. The subject lies below grade and is on multi—family zoned property with a possible �r finite life for the improvements and use as commercial. �$,< Therefore, the value considered f2r the RM 2.4 zoned parcel in front is $2.50 per square foot and $2.50 X #�.. 44,640 square feet is $44;640• I; the residential land is valued at $1.25 per square foot : as shown by land sale one and 63,000 square feet X $1.25 The tata� land yal,ue is_ $123,390, rounded to I23�,500, ONE HUNDRED TWENTY—THREE THOUSAND FIVE HUNDRED DOLLARS # ($123,500) �P The cost approach to value, land and buildings, follows. �. i 7. I ■ AGE: EFFECTIVE AGE: TYPE: ROOMS *. AREA: FUNCTION: BUILDING DATA BUILDING NO. 1 Collier Building 26 Years old 15 to 20 years; Remaining life 25 to 30 yearso Concrete block office and shop on slab With- ith3200 3200square feet on the main floor and second floor which is roughed—in, one—third finished future office space. Gas overhead heaters in the shop and electric baseboard heater in the office. It has three phase electrical service and all utilities are connected. See floor plans. 3200 square feet main floor finished 1,501 square feet second Floor — unfinishadv plus 509 square feet unfinished storage or future office. 5,210 square feet TOTAL. See building plans. RECOMMENDATIONS — Collier'Buildino £�n sal 1.' Paint the trim and exterior and do not extensively, change the interior at, this time, although °design is attractive:` 2. Install drain the to carry runoff water on the northwest i corner of the building where a drainage;propl;em exists. 3. Complete the second floor and offer for '1aasa with capable property manager. I - 7 i E r 9 t n I�S i 1 k 7k BUILDING DATA BUILDING NO. 2 Astro Buildioq AGE: 21 Years EFFECTIVE 15 to 20 years; Remaining economic life AGE: 25 to 30 years. TYPE: Concrete block shop building on slab foundation with 8,000 square feet on the main floor and 1,000 square feet on the second floor. MECHANICAL: Electric heat in offices and gas over head heatars in the shop — ample electric service. ROOMS: Offices and shops. AREA: 8,000 square feet is functional 1,000 square feet could be offices or storage. 8,000 square feet TOTAL FLOOR PLAN: Not included. FUNCTION: NOTE: Manufacture of electrical parts and wholesale activity., It appears that the business is continuous as the firm was in the building in April, 1977, date of last appraisal. This building extends a little into the single family zoning and the City would probably allow a conditional use permit or tolerate the non— conformance. The rear portion of the property is cut off from access except past commercial uses. 10 a iAh"hy i{f N ' 1 �,2 - 1 y ax`s Collier Building k Y Shop Main Floo .1 1314" (Storage) 1 I Second Floor S0+ 1 Offices I �39+3++ (Future { Offices j overhead) Dain 3200SF I I 2nd Unf. 1501 i Str.g. 509 (Sae Plans) 38'3" 40+ 11 } i _ yry t,. r } i 4, THE COST APPROACH This approach has as its premise the valuation of the site by comparison with other sites in the area that have sold in the recent past, making adjustments for differences to indicate a value estimate. To this value is added the estimated cost to reproduce or replace the improvements, plus any loss from depreciation that might have occurred. COST OF PRINCIPAL BUILDING, IF NEW — Bldg. No. 1 — Collier Buildino 5210 sq. ft. @$24.75 per sq. ft. $ 9 128 , 4?.50 r. F. Physical Deterioration 45% $589206.50 Functional Obsolescence Economic Obsolescence 20% $25,790 $ 83,996.50 Less Accrued Depreciation s Depreciated Value of Principal Building $ 44,951 COST OF BUILDING, IF NEW — Bldg. No. 2 — Astro Building IxF, 8000 sq. ft. ® $28 per sq. ft. $ 224 000 ' r. Lose Depreciation 55% Depreciated Value $ 100,800 Other — Paving and sheds $ 120500 Landscaping $ 2,500 Land Value (by Market Comparison) $ 123,500 $ 284,251 VALUE ROUNDED TO:........... 1284;500 NOTE: Cost per square foot considers the unfinished quality and ! condition of the second floor "as is." Economic obsolescence k` is now reflected in the high interest rates and economic G'=' recession causing some buildings to sell for less than cost. 12 �` INCOME APPROACH The income method as used for investment as its premise, the estimate of the amour which when capitalized in a manner that with the risk and life expectancy of the will indicate the present value of the ii Existing Rentt Building No. 1 UHI Systems Building No. 2 ASTRO Other - none but there is a potential of future offices and excess land, as well. Total Rent (existing) Annual Gross Rental Income Less Vacancy and Credit Allowanc Effective Gross Income Less Expenses: Real Estate Taxes $1,572• Fire Insurance 795• Personal Property tx 1,201. Subtotal Utilities 1,200 -P.U.D. 840 Wash. Natl Gas 360 Garbage 1,050 Maintenance 2,400 Security 2,520. Subtotal Net Income CAPITALIZATION RATE $15,602 a .125 Excess Land Value see ma $124,8 round Potential Value of commercial space on the second floor Market Value by the Income Approach 13 MARKET APPROACH U.H.I. Systems, Inc. is a unique property, a commercial build- ing an multi -Family zoned land. The use of the property as a commercial building is assured by the City of Edmonds. Sales of similar properties are difficult, if not impossiblet to locate. Refer to the Market Approach an land salesp please. The following sales are indications ONLY and not really comparable. SALE No. l: ` Rambler office building, 2314 square foot on o lot of lOOv x 340» ort 34vOOO square feet" The taxes are $937°21 for 1980° The projected rent is $I°040 per month; or, $12v480 per year. The sale price on 4/20/81 was $210°000° Cap Rate is 10% overall, for $12^500 to $126v000 value of the portion with the building. The rest is oxuobs land valued at $86,000° Projected rents are 450 per square foot per month. SALE No. 2: 19714 Highway 99..Lynnwood, Washington This retail store front on Highway 99 mold quickly on 6/18/81 for $IWO»QOO" A loon was assumed of $68v000 at 10%" $676°52 per month. It is an older building - 25 to ' 30 years old. Taxes in 1981 we re $224°00. Indicated rate is 12% overall. The rent is undoterodnedv but estimated at $I°DOO per month. 14 777 �' 'Maew q SALE No. 3: 6629 Beverly Blvd., Everett, Washington This sale took place 12/22/80 after being an the market 280 days for a price of $115,00U. The building has 3745 square feet on the main floor and 3745 square feet an the lower or basement floor. It has a brick shop and office building on B-1 and R-3 zoned property on 13,105 square foot lot. The estimated rent potential is $13,105; sale price of $115,000, 11.4% overall capitalization rate. CONCLUSION and CONSENSUS The Market Approach is only an indication of the overall capitalization rates. These rates range from 10% to 12%. The overall rate supports the Income Approach to value. The other indications in the market are land sales. Sources checked were real estate brokers and N.E.B.A. Salesp the Real Estate Register and analysis of the highest and beat use as offices. There is one more sale at 18929 Highway 99, Lynnwood, - a two-story office building next to the Pinc Cons Cafe which sold 4/3/81 for $165,000 on contractt 12% interest with a 10 year cash out. The building has 1,680 square foot on the main floor with an apartment in the j of the full basement. The estimated rent is $16#272 per year - 450 per square foot for office space, and 350 per square foot for apartment, and the cap. rate at 10%. This property is not really comparable, but there are no comparable listings. CONCLUSION There is no indication of value from a direct comparison approach. 15 RECONCILIATION: err r: i The Cost Approach indicated $284,500. {{ ..The Income ' App Approach indicated $248'750. Since most of the emphasis is on the income and "income potential" of the building, the income,appr, is s considered the most reliable indicator. The; Final Market Value is: # TWO_HUNDREO FIFTY THOUSAND.DDLLARS ($ 250,OOa.a0) as of July 11, 19,82. i f f j 16 a_ ... . tfx k 1 k � T (� ki! 5`f11.!Pl, _ 1 qualifications DAVID F. SPIERS, SRA EXPERIENCE: 17 years -- qualified as memberr of Society of Real Estate Appraisers in 1967 RELATED EXPERIENCE IN REAL ESTATE/APPRAISING: �M;, 8 years Loan officer and management capacity 1, for Savings and Loan & Savings Bank x 10 years Independent fee appraiser & consultant , in Snohomish County, Washington APPRAISAL PURPOSES:!' Land development Subdivision projects Condominium & Condo projects Condemnation Business Properties Commercial and Industrial buildings 1; Bowling alleys Cold Storage warehouses Gravel pits Mobile Homes and Parks Extensive Residential EDUCATION: I� University of Washington — BA 1962 j SREA Course 201 passed in 1973'' Various professional courses 1970-79 Professional seminar each year American Institute of Real Estate Appraisers MAI course II — 1979 i �.� 1 r t^ S± S fx:sit�'t3c Edmonds, Wa. 98020 First interstate Bank Ronald M•. Requa POBOX 21506 7922 194 P1 SW, Seattle, Wa. 98111 Edmonds, wa . .98020 Rainier Bank J R. Woods -., '. t 7923 194 ;P1 SVS Seattle, Wa. 98124 Edmonds, Wa. 98020' W (L 7919 194 P1 SW, SE Across street on 196th Sw Rental Alice M. Sticker 11201 SE 8th ST Bellevue, wa. 98009 7802 196th SW Roger C. Vergin 19407 80th West 3009 Daniel Court« Rainier Mortage Co. G. R. Johnston Bellingham, Wash. 98225 19411 80th WeEst Seattle, wa..98124 Edmunds, Wa. 98424 i 7814 C. Marsdon N , i 7810 196th SW Apt A-1 s Edmonds, Wa. 98024 Marion Nims` j 7810 196th SW A-2 Edmonds, Wa. 98020 7828 Redcliffe Assoc. Po BOX 488 Lynnwood, wa• 98046 West Property line 4045-4046 Alan P Mason 19541 Belt Add Lot 2 Lot 3 810 Hindly Lane 2 Edmonds, Wa. 98020 First interstate Bank Ronald M•. Requa POBOX 21506 7922 194 P1 SW, Seattle, Wa. 98111 Edmonds, wa . .98020 Rainier Bank J R. Woods POBOX C-34040 7923 194 ;P1 SVS Seattle, Wa. 98124 Edmonds, Wa. 98020' Walter L. and Barbara Greenhouse 7919 194 P1 SW, Edmonds, Wash. 98020 Great Western S&L Rental Alice M. Sticker 11201 SE 8th ST Bellevue, wa. 98009 Arvell B & Doris E Casper 19407 80th West Edmonds, Wa. 98020 Rainier Mortage Co. G. R. Johnston POBOX C 34040 19411 80th WeEst Seattle, wa..98124 Edmunds, Wa. 98424 i N f kv x v � l North Property line'` Meadow Glen Lot 10 Continental. lnc . Security Sav'esco Inc. i 23852 r 8th floor Pacific Bid. Seattle, wa. 98104 Lot 11 Vernon L. Johnson 7820 193 P1 SW Edmonds, Wa. 98020 ` Lot 12 Great Northwest Fed. S: -L Samuel P,;. Magill PO BOX 319 7826 193 P1";SW Bremerton, Wa. 98310 Edmonds,,' Wa. 1,980i0 { Lot 13 Capital S & LOohn Sutherland 410 W 5 Bok 257 7E328 1-93 Pl,. -� aw 9 " Olympia, Wa. 98507 Edmonds:r Wa. 98020 { Lot 14 Seattle Mortage Co, James Aricsan 229 Queen Anne No. 7832J93 Seattle, Wa. 98109 Edmonds, Wa.`98020 4034 & 4035 Julian A. Meyer Julianeyer. Rainier Hank 19325 80 West PO BOX C 34090 Edmand,sa Wa.• 98020 s. 3, i Seattle, Wa. 98124 } j f j: j S k f y 7 ,a East property line Cassell's Add (6639) Lot 1 4039 4041 David Johnson 7825 B 196 SW Edmonds, Wa. 98020 Sheree Van W voill" R -1 op e1go TI,��, 55. "VAa 9, SW Edmonds, Wa. 98020 Jung Wook Baek 7805 194 SW Ronald Olsen Edmonds, Wa. 98020 Jean Wilson. John J Barbara Couilliard Drive SE 7807 194 SW sw Edmonds, Wa-.98020 3othel, Wa. Colonial Mortage Serv. 'Gary' D Greig 7320 Old York Read 7802 194: SWI Philadelphia, Pa. 19126 Edmonds,, Wa, - 98020 i Olynpic Bank R.D. Bjornerem Po Box 9005 7806 194 SW Everett, wa, 98006 Edmonds, Wa-98020 Irish Homes Inc. 51 West Dayton 98037 Edmonds, Wa. 98020 Wa. Paula Regemimbal 7823 D 196 SW Edmonds, Wa. 98020 Helen K. -Duvall 7825 D 196 SW Edmonds, Wa. 98020 David Johnson 7825 B 196 SW Edmonds, Wa. 98020 Sheree Van Berg 7825 A 196 SW Edmonds, Wa. 98020 Ronald Olsen Jean Wilson. 20028 45th Drive SE 7801 1.96 sw 3othel, Wa. 98011 Edmonds, Wa. 98,020 Laura Greig Gary D. Greig 4407 138 Pl. SW 7862 194 SW Lynnwood, Wa. 98037 Edmonds, Wa. 98020' s.. CLINTEIP"qFFICE COARESPGNDFO�ICE Jim Adams - City Enginner r To_ Gary McComas - Fire Marshal _ OATS October' Bobby Mitis - Public Works;„ SUBJECT - --- --- -- /+�� op .tDAfo CU -50-85 REQUEST FOR CONDITIONAL USE .PERMIT TO EXTEND PRESENT NON=� CONFORMING USE (COMMERCIAL) FOR FIVE YEARS AT 7833 & 7835 196TH S.W. (RM 2.4) HEARING DATE: NOVEMBER 21, 1985. DUE TO THE EXTENSIVE NUMBER OF ATTACHMENTS, ONLY THE' APPLICATION FORM IS ENCLOSED. PLEASE CONTACT DUANE BOWMAN ON EXTENSION 254 IF YOU HAVE ANY QUESTIONS. R EC EIV ED PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN NOVEMBER 5, 1985. OCT 221955 THANKS. ENGINEERING Duane Bowman - Planning Division BY - TOPS FORM 1232 \/ F3 X31!@ 0RDECl5 DOWT f301 LITHO IN USA. Roger C. Vergin Walter L. & Barbara Greenhous 3009 Daniel Court 7919 - 194th Pl. S.W. Bellingham, WA 98225 Edmonds, WA 98020 C. Marsdnn Resident 7810 - 196th S.W. Apt, A-1 10601 - 80th Ave. N. Edmonds, WA 98020 Edmonds, WA 98020 Marion Nims . Great Weaten S&L 7810 - 196th S.W. Apt, K-2 Alice M. Secker Edmunds, WA 98020 11201 S.E. 8th St, ` Bellevue, NA 98009 ' Redcliffe Assoc. ` 8rvell & Doris Casper P.O. Box 488 ` 19407 - 80th West ' Lynnwood, NA 98045 ' Edmonds, WA 98020 ` � Resident ` Rainier MO�'"-"- Co. � 7828 - 196th S.W.�.N^ P.O.pUBox C-4'4- x Edmonds, WA U8O20 Seattle, N8 98124 ` P. Mason Alan P ' . G.R. Johnston 810 H1ndly Lane 19411 - 80th West � Edmonds, WA 98020 Edmonds, NA 98020 ' Continental Inc. Ronald M. Requa Security Suvesnn Inc. ^ S.W.Q2� 194th Pl. ' ^ 23862 � Edmonds, W8 98020 . 8th Floor Pacific Bldg` . ^' Seattle, WA 98104 | ' / First Interstate Bank . Vernon L. Johnson ' P.O. Box 215067820 - 193rd Pl. S.W. Seattle, WA 98111 Edmonds, WA 98020 J.R. Woods Great Northwest Fed. 6&L 7923 194th Pl. S.N. P.O. Box 319 Edmonds, WA 98020 Bremerton, WA 98310 � Rainier Bank Samuel P. Magill P.O, Box C-34040 7826 - 193rd Pl. S.W. Seattle, HK 98124 Edmonds, NA 98020 ��D ~" - ` ) � Jung Nook Baek / 7805 104th S.W. � ! Edmonds, WA 98020 ' John & Barbara Coufllinrd 7807r' 194th S.W. ` Edmonds, NA 98020 � ~'.~..- r',-°- _ /ou/ v /~ """" Philadelphia, Q1 | i Gary D Greig 7802 - 194th S.W. Edmonds, WA 98020 - - < John S utherland 7828 193rd Pl. S N.� � cuwm/x^a mn 98020 �. � Capital S&L \ 410 W 6 Box 257 Olympia, WA 98507 ! ' � Seattle Mortgage Co. ' T, �229 Oueen Ann ! � Seattle. WA 98109 | � ` � James A. Ericson| ' '~~~^ 7832 ~ 193rd Pl. S.W. Edmunds, NA 98020 Julian A. Meyer | Rainier uuxx i P.O.- ' ox C 34O4Oe° �-' . __-_ NA 987�� . ^' | uu'/ux nMeyer� ' | i 19325 80th Nest ^ . � Edmonds, N& 98020 ` ) � Jung Nook Baek / 7805 104th S.W. � ! Edmonds, WA 98020 ' John & Barbara Coufllinrd 7807r' 194th S.W. ` Edmonds, NA 98020 � ~'.~..- r',-°- _ /ou/ v /~ """" Philadelphia, Q1 | i Gary D Greig 7802 - 194th S.W. Edmonds, WA 98020 - - < 1� 71 -711 1Tq N M Ta B. SAUNDERS BROOKS, M.AJ.* - REAL ESTATE APPRAISALS -CONSULTATION .r " 708 MEDICAL•DENTALBUILDING - 2722 COLBY AVENUE' ; A EVERETT, WASHINGTON 98201 �` 1 . (208) 252.5224. ..: x; November 15, 1985 Mr. Duane V. Bowman Assistant City Planner City of Edmonds 250 -5th Avenue N. Edmonds, WA 98020 RE: Analysis of non -conforming use property locatedat7833-35 196th Street S.W. Edmonds, WA (Robert C. Midkiff-Your file no. CU -50-85) Dear Mr. Bowman: This letter is to confirm our recent discussions concerning proposed' extension of the non -conforming use permit for a period of 5 -years from Play 3, 1986, for the above captioned property. The property is legally described in Exhibit A, attached hereto. I have received the data furnished by you on November 12th, including Chapter 17.40 (non -conforming uses, buildings, signs and lots).of the County Development Code for the City of Edmonds. This letter is to advise you that I can furnish the analysis.to,you for $500.00. It is my understanding that you need this letter by the first week of December, prior to December 11, 1985. Thank you for your consideration. w. Y B. SAUNDERS BROOKS, M.A.I. REAL ESTATE APPRAISALS -CONSULTATION 706MEDICAL-DENTAL BUILDING 2722 COLBY AVENUE EV ERETT, WASHINGTON 98201 r r.. ,y (206) zsz-szza �?` YV t?r. E�4 ViC} 3i?ta; November 19, 1985 Mr. Duane V. Bowman` Assistant City Planner City of Edmonds R 250 -5th Avenue N. Edmonds, Washington 98020 Re: Non -conforming Use Property located at 7833-35 196th St.:S.W., Edmonds, Wa. Dear Mr. Bowman; This letter is to confirm our telephone conversation today concerning clarification of the proposed economic analysis and opinion to be furnished to you. In connection with an analysis and opinion of an extended amortization period and cur- rent use of the subject property, I would review and correlate the following data: 1. Physical inspection of the subject property, surrounding neighborhood and general ' area, including surrounding land uses; 2. Discussion with the subject property ownvter, along with your offfice; 3...Study of..past and.. -current economic and demographic:data,including`:.national;:::state:. regional and city data; 4. Study of previous real estate appraisals for the subject property, along with updated market data, as related to the subject property; 5. Study of economic data furnished by the subject property owner; 6. Study of Community Development Code of the City of Edmonds, as related to the subject; 7. Study of other physical, social, governmental and economic data, which would affect the subject property value and use. This gives a general summary of the factors which I will take into consideration in con- nection with my analysis and letter of opinion for the City of Edmonds. Please let me know if I may furnish any additional information to you in connection with this proposed analysis of an extension for the subject non -conforming use permit. Sincerely, B. Saunders Brooks, M.A.I. BSBjs MEMBER: AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - - - C� .`.zy EDMONDS CITY COUNCIE , 'f AGENDA MEMO Item number: rr Originator: Planning Division For Action: X For Information: SUBJECT: AUTHORIZATION TO CONTRACT FOR ECONOMIC CONSULTANT SERVICES WITH B. SAUNDERS BROOKS Clearances: Dept. Indiv. Initials AGENDA TIME: Consent ADMIN SVCS/FINANCE AGENDA DATE: December 10, 1985 CITY ATTORNEY CITY CLERK EXHIBITS ATTACHED: COMMUNITY SERVICES ENGINEERING 1. Statement of Services PARKS &ECREATION PLANNING✓12 2. Proposed Agreement PUBLIC WORKS FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $ 500.00 BUDGETED: $ 0 REQUIRED: $ 0 HISTORY AND SUMMARY STATEMENT: The City has received an application to extend the amortization period for discontinuing the commercial development at 7833 & 7835 196th St. S.W., Edmonds. Chapter 17.40.010 (E) of the Community Development Code requires the applicant to deposit a fee of $500.00 to cover the cost of the City hiring an economic consultant to analyze the application. The Hearing Examiner will use the report from the consultant as 'a basis for his decision. Attached is a letter from B. Saunders Brooks outlining the services that the City will receive, if Mr. Saunders is hired as the economic consultant for this project. The cast for his services will not exceed the $500.00 deposit that the City has received from the applicant. RECOMMENDED ACTION: Authorize the staff to retain B. Saunders Brooks as an economic consultant for the subject application. `� B. SAUNDERS BROOKS, M.A.I. REAL ESTATE APPRAISALS -CONSULTATION 706 MEDICAL -DENTAL BUILDING 2722 COLBY AVENUE EVERETT, WASHINGTON 98201 (206) 2S2.5224 November 19, 1985 Mr. Duane V. Bowman Assistant City Planner City of Edmonds 250 -5th Avenue N. Edmonds, Washington 98020 Re: Non -conforming Use Property located at 7833-35 196th St..S.W., Edmonds, Wa. Dear Mr. Bowman: This letter is to confirm our telephone conversation today concerning clarification of the proposed economic analysis and opinion to be furnished to you. In connection with an analysis and opinion of an extended amortization period and cur- rent use of the subject property, I would review and correlate the following data: 1. Physical inspection of the subject property, surrounding neighborhood and general area, including surrounding land uses; 2. Discussion with the subject property own-4ter, along with your offfice; 3. Study of.past and current economic and demographic data, including---natio.nal-i.,:.State-* regional and city data; 4. Study of previous real estate appraisals for the subject property, along with updated market data, as related to the subject property; 5. Study ofeconomicdata furnished by the subject property owner; 6. Study of Community Development Code of the City of Edmonds, as related to the subject; 7. Study of other physical, social, governmental and economic data, which would affect, the subject property value and use. This gives a general summary of the factors which I will take into consideration in con- nection with my analysis and letter of opinion for the City of Edmonds. Please let me know if I may furnish any additional information to you in connection with this proposed analysis of an extension for the subject non -conforming use permit. Sincerely, B. Saunders Brooks, M.A.I. BSB/s MEMBER: AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS from the Lodging Tax. So everything in the ordinance refers only to the expenditure of the one- quarter. He noted that the resolution attempts to set up a two-step process: 1) The Commission would submit its budget as has been done previously and, 2) The remaining funds would fall under Section III and would be appropriated through requests from proposals from other cultural organiza- tions within the City. In both cases, the Council approves their budget and prioritization for contracts. Community Services Director Art Housler clarified the appropriation of the funds. Councilmember Wilson asked if the fund for the Committee will be set up for a budgetary process or by resolution. Mr. Housler replied it would be included in the budget ordinance when the budget is planned. Mayor Naughten proposed that a tourism committee be formed consisting of four to five members, with a member of the Council serving on the committee. Councilmember Wilson accepted the position. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, FOR APPROVAL OF PROPOSED RESOLUTION 630 ESTABLISHING PROCEDURE FOR EXPENDITURE OF TOURISM FUNDS THROUGH THE ARTS COMMISSION AS EXPLAINED. MOTION CARRIED. AUTHORIZATION TO CONTRACT FOR ECONOMIC CONSULTANT SERVICES WITH B. SAUNDERS BROOKS $500 rill CONSENT r, Councilmember Kasper requested Planning Division Manager Mary Lou Block to comment on this is- sue. Ms. Block stated an ordinance was adopted fifteen years ago requiring all commercial uses to be removed from residential zones within fifteen years. It allowed a fifteen -year amortiza- tion period in which to discontinue the use of these commercial enterprises. She noted the fifteen -year amortization expires in May of 1986 but may be extended by approval of a hearing examiner. The Community Development Code requires that the hearing examiner base his decision on economic data prepared by an economic consultant which analyzes the application for extension. The Staff is requesting authorization to retain B. Saunders Brooks as an economic consultant for the study of the extension of the amortization period for discontinuing the commercial develop- ment at 7833 & 7835 - 196th St. S.W., Edmonds. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEM- BER WILSON, TO APPROVE ITEM (E) ON THE CONSENT AGENDA. MOTION CARRIED. REPORT FROM SURFACE WATER TASK FORCE The members of the proposed Surface Water Task Force were introduced as follows: Jack Serwold, Instructor at Shoreline Community College; Miles Hanchett, Representative of Quest Northwest; Jerry Hauth, Hydraulics Engineer, City of Edmonds; Frances Murphy, volunteer. Bob Boye, 24325 - 76th West, stated he and the members of the Task Force were proposing: 1) that the Mayor of the City of Edmonds direct Quest Northwest to form a. Water Quality Task Force to address stormwater runoff control, water quality study, and fish enhancement in the Shell Creek Watershed and, 2) that the City of Edmonds grant $47,500 to Quest Northwest dedicated for the sole use of and dispersal by the Water Quality Task Force in conducting a twelve-month pilot program to study the Shell Creek Watershed during the period from January 1, 1986 to January 1, 1987. Mr. Boye estimated in the years to come 1.2 billion dollars will be allotted to consulting firms to study the cleanup of Puget Sound. He said the monies will be derived not from the Feder- al Government, but from smaller communities. A major source of pollution in the Sound comes from our surface water streams. He felt the Water Quality Task Force could present a program that would be less expensive than a consulting firm to make recommendations on water surface manage- ment in Edmonds. He stated the credentials and responsibilities of the members of the Task Force. Jack Serwold, a representative of one of the top colleges in the State, Shoreline Community Col- lege, is known nationally and statewide. Mr. Serwold has the expertise, equipment and laboratory facilities to perform chemical analysis of water samples gathered from the Shell Creek Watershed. Miles Hanchett, representative of Quest Northwest, has worked with students on water control studies. His major project has been working with the Forest Service conducting water quality studies at Lake Crescent. Quest Northwest will act as coordinator of the Task Force in studying the water quality problems of Shell Creek. Frances Murphy will act as consultant for the Domestic Toxic Waste Group in 1) identifying and reducing non -point source pollution, 2) domestic waste problems specific to the Shell Creek Water- shed, and 3) local efforts to increase public awareness of domestic toxic waste. Chris Wermus will be assigned to the Fish Enhancement Group for the purpose of gathering informa- tion on Shell Creek to plan effective courses of action leading to a healthy fish habitat and establish a program for the development and release of native and hatchery -type fish stock. Gordon Rosier was asked to join the Task Force to act as "bird dog" on the sewer system in rela- tionship to surface water. Mr. Boye referre<' to the Projected Distribution of Funds, Table 1. He said Dale Dickinson, who has been with the Beach Patrol Program, has been asked to serve as project coordinator to search for funding of the project. He added at the time this project was presented to the Planning Board, EDMONDS CITY COUNCIL MINUTES Page 2 DECEMBER 10, 1985 s s a yf�®w'pirr '$ W T�I f t a THIS PACKET SENT TO' HEARING . s 'EXAMINER ON DECEMBER 31., 1985 4_ STAFF REPORT TO THE NEARING EXAMINER FILE #CU -50-85 i HEARING DATE: JANUARY 2, 1986 I. REQUESTED ACTION: Conditional Use Permit for an extended amortization period to allow nonconforming commercial uses to continue for five ypars on, g the property located at 7833 & 7835 196th St._S.W., Edmonds. II. APPLICANPIOWNER: Robert Midkiff E.C. Collier 20001 76th W. 16912 9th S.E. Lynnwood, WA 98036 Mill Creek, WA 98012 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS: Normally, the staff would prepare a detailed background analysis of an application such as this. However, since the code requires the City to hire an economic consultant, I will not attempt to duplicate his work. He has covered the pertinent points of review in his report. IV. STAFF RECOMMENDATION: The staff has reviewed the application and the report of the economic consultant. Staff concurs with the recommendation of the consultant that the amortization period be extended for a period not to exceed five years. z t wf t3� f r. Notary Public in and for. Washington. Residing at'e�c A. the State Of ,' f C j l4 h FILE NO. CU-50-85 APPLICANT Robe Robert i; j AFFIDAVIT OF POSTER STATE OF WASHINGTON } } ss. OF SNOHOMISH ) COUNTY n k Susan Painter being first duly sworn, on oath, deposes f and says: ? That on the 20th day of December 19 85 the attached a fi Notice of Public Hearing was posted as prescribed by Ordinance, and in any event,. i'n the Frances Anderson Center and Civic Center, and.where applicable on or near the subject property. k Signed Subscribed and sworn to before me this ?,) day of �' � L 19� Notary Public in and for. Washington. Residing at'e�c A. the State Of ,' f I i THE HEARING EXAMINER WILL HOLD A PUBLIC HEARING THURSDAY, JANUARY 2 1g ON THE FOLLOWING APPLICATION: FILE NO. CU -50-85 CONDITIONAL USE PERMIT TO ALLOW NONCONFORMING COMMERCIAL USES TO CONTINUE FOR A PERIOD OF FIVE YEARS, PROPERTY ADDRESS AND LOCATION 7833 AND 7835 196TH ST, S . W, ZONE DISTRICT RM -2 ,4 THE HEARING WILL BEGIN AT. 7:30 P M., IN THE PLAZA MEETING ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE PLANNING DEPARTMENT AND INCLUDE THE ABOVE FILE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252). THE REMOVAL, MUTILATION, DESTRUCTION, OR WARNINGOOF THE AHEARING S A NOTICE(MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER JANUARY 2, 194